Litigation

U.S. Nearing Approval to Abandon Ban on Nursing Home Arbitration Agreements

By: D|K's Health Care Team The White House is nearing approval of a regulatory change that would allow pre-dispute arbitration agreements in nursing homes participating in Medicare or Medicaid. On January 30, 2019, the White House Office of Management and Budget (OMB) began the review of a final rule (first published June 8, 2017) that would...

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New Wisconsin Supreme Court Decision Scales Back the Consequences of One Insurer’s Breach of the Duty to Defend Where Multiple Carriers Provide Overlapping Coverage

New Wisconsin Supreme Court Decision Scales Back the Consequences of One Insurer’s Breach of the Duty to Defend Where Multiple Carriers Provide Overlapping Coverage

By: Todd Farris, Ted A. Warpinski and Christopher M. Meuler Steadfast Insurance Company v. Greenwich Insurance Company, 2019 WI 9, decided by the Wisconsin Supreme Court on January 25, 2019, adds fire to the ongoing debate among insurance coverage counsel about the consequences of an insurer’s breach of the duty to defend.  Does the decision...

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Business Insolvency Options: A Comparison of Wisconsin Statutes Chapter 128 and Chapter 11 of the United States Bankruptcy Code

Chapter 11 of the United States Bankruptcy Code has historically been utilized as the principal option for an insolvent company, seeking to either reorganize its operations, or sell its assets free and clear of liens, with the liens attaching to the proceeds of the sale.  However, the Wisconsin statutory  alternative, Chapter 128, which is...

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Liquidated Damages for Delay: Contract Considerations for Owners and Contractors

Liquidated Damages for Delay: Contract Considerations for Owners and Contractors

By: Elizabeth K. Miles Construction contracts often include a clause that identifies a stipulated or “liquidated” damage amount for unexcused delay.  These clauses assess a fixed sum for each day of delay, thereby relieving the owner from proving its actual damages caused by delay.  Although generally thought to protect the owner, liquidated...

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Wisconsin Supreme Court Holds That Wisconsin Fair Employment Act Requires Proof That Employer Intended to Discriminate Because of Disability

Wisconsin Supreme Court Holds That Wisconsin Fair Employment Act Requires Proof That Employer Intended to Discriminate Because of Disability

By Dillon J. Ambrose & Laurie E. Meyer In Wisconsin Bell v. Labor and Industry Review Commission, et al., decided on June 26, 2018, the Wisconsin Supreme Court made substantial changes to the burden of proving employment discrimination under the Wisconsin Fair Employment Act (“WFEA”). In doing so, the Court departed from a long line of cases...

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Administrative Agency Deference No More

Administrative Agency Deference No More

By: Dillon J. Ambrose In Tetra Tech EC, Inc. v. Wisconsin Department of Revenue, decided this last week, the Wisconsin Supreme Court changed the entire landscape of administrative law in the State of Wisconsin. If your business or municipality deals with administrative regulations—and it most assuredly does—be aware that the law now allows...

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