Will This Term of Wisconsin’s Supreme Court Be the Last for Agency Deference in Wisconsin? Justice Neil Gorsuch’s confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir. 2016). That was an immigration appeal where he argued that Chevron ought to be revisited because it “permit[s] executive bureaucracies to...… Continue reading this entry
“You Can’t Beat Something with Nothing”: 7th Cir. Explains the Importance of Disclosing Experts Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a fundamental set of skills or tasks, the blocking and tackling of the craft. This week’s decision by the...… Continue reading this entry
BNSF Railway: SCOTUS Narrows General Jurisdiction for Corporate Defendants and Limits the Reach of Wisconsin's Long-Arm Statute Last week, in BNSF Railway Co. v. Tyrrell, 581 U.S. ___, No. 16-405, the U.S. Supreme Court reversed the Montana Supreme Court and concluded that BNSF Railway was not subject to general jurisdiction in Montana to answer for alleged work-related injuries occurring in North Dakota and South Dakota. Though BNSF maintained over 2,000 miles of railroad...… Continue reading this entry
Water Splash Reveals a Glaring Omission in Wisconsin's Service-of-Process Rules, Which Ought To Be Fixed Today’s unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin plaintiffs are not unnecessarily put at a disadvantage when suing overseas defendants in state court. Justice Samuel Alito’s decision, reversing the...… Continue reading this entry
Buyer Beware:  Wisconsin’s Supreme Court Reaffirms the Doctrine of Caveat Emptor in Commercial Real Estate Transactions Lawyers who practice in Wisconsin might be forgiven for wondering what limits to liability remain for torts under Wisconsin law. Some decisions of Wisconsin’s Supreme Court, such as Behrendt v. Gulf Underwriters Ins., 2009 WI 71, which held that “everyone owes to the world at large the duty of refraining from those acts that may … Continue reading this entry
Seventh Circuit Explains Disclosure of Hybrid Witnesses under Fed. R. Civ. P. 26(a)(2)(C) The Seventh Circuit’s recent decision in Indianapolis Airport Authority v. Travelers Property Casualty Co. of America, No. 16-2675 (7th Cir. Feb. 17, 2017), written by Judge David Hamilton, is one for civil litigators to take note of. It appears to be the first time the Seventh Circuit has used Federal Rule of Civil Procedure 26(a)(2)(C). … Continue reading this entry