Wisconsin Supreme Court accepts four new cases

Madison, Wisconsin - November 24, 2021

The Wisconsin Supreme Court has voted to accept four new cases, and the Court acted to deny review in a number of other cases. The case numbers, counties of origin and the issues presented in granted cases are listed below. More information about pending appellate cases can be found on the Wisconsin Supreme Court and Court of Appeals Access website. Published Court of Appeals opinions can be found here, and the status of pending Supreme Court cases can be found here.

2020AP225 Pagoudis v. Keidl

Supreme Court case type: Petition for Review
Court of Appeals: District II
Circuit Court: Washington County, Judge Todd K. Martens, reversed
Long caption: Louis Pagoudis, Hanna Pagoudis, Sead Properties, LLC and Kearns Management, LLC, Plaintiffs-Appellants v. Marcus Keidl and Russell K. Berg d/b/a Intervest Inspections, Defendants, Amy Keidl a/k/a Amy Jo Weyker, Defendant-Respondent-Petitioner

Issues presented:

  1. Whether a seller of residential real estate can be held liable in perpetuity to a subsequent third-party purchaser or transferee for alleged misrepresentations in a Real Estate Condition Report issued on a s part of an earlier home sale.
  2. Whether an owner of residential real estate who transfers the property to a third party can recover for damages not incurred by the owner before transfer.
  3. Whether Limited Liability Companies (LLCs) are treated as separate legal entities even if they are owned by the same person.

2020AP1124 Murphy v. Columbus McKinnon Corp.

Supreme Court case type:  Petition for Review
Court of Appeals: District IV
Circuit Court: Sauk County, Judge Michael P. Screnock, reversed
Long caption: Matthew W. Murphy, Plaintiff-Appellant, Wisconsin Power and Light Company, Involuntary-Plaintiff v. Columbus McKinnon Corporation, Defendant-Respondent-Petitioner

Issues presented:

  1. Did the Wisconsin State legislature ("Legislature") eliminate application of the consumer-contemplation standard for design defect claims when it enacted Wis. Stat. § 895.047?
  2. If the Legislature did not eliminate application of the consumer-contemplation test, can a product, as a matter of law, be "unreasonable dangerous" where the risk was undisputedly obvious and foreseeable?
  3. In a products liability design defect case, can a factfinder reasonably base its verdict on ipse dixit expert testimony that is: (i) not based on testing despite the expert's ability to test, or; (ii) reliant on the circular inference that the accident itself is evidence of a design defect?

2019AP2184 State v. Moeser

Supreme Court case type: Petition for Review
Court of Appeals: District IV
Circuit Court: Portage County, Judge Robert J. Shannon, affirmed and remanded with directions
Long caption: State of Wisconsin, Plaintiff-Respondent v. Jeffrey L. Moeser, Defendant-Appellant-Petitioner

Issue presented: Whether the 'Oath' requirement under the Fourth Amendment of the US Constitution and Article 1, Section 11 of the Wisconsin Constitution require a police officer to swear an oath to the truthfulness of an affidavit used to obtain a search warrant to conduct an evidentiary blood draw in a criminal OWI matter?

2020AP1014-CR State v. Wilson

Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge David L. Borowski, affirmed
Long caption: State of Wisconsin, Plaintiff-Respondent, v. Christopher D. Wilson, Defendant-Appellant-Petitioner

Issue presented: Did the police have implicit license to enter the backyard of Mr. Wilson's home through a gated privacy fence?

Review denied: The Supreme Court denied review in the following cases. As the state's law-developing court, the Supreme Court exercises its discretion to select for review only those cases that fit certain statutory criteria (see Wis. Stat. § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court:

2018AP1679 Marquardt v. LIRC
2018AP1725-CRNM State v. Walters
2018AP2444 J.S. v. Wisconsin Dept. of Public Instruction
2019AP244 Barwick v. Barwick
2019AP1023-CR State v. Loga-Negru
2019AP1077-CR State v. Von Brown
2019AP1130 Hutchinson v. Kohner, Mann & Kailas, S.C.
2019AP1253 State v. Smith
2019AP2020-CR State v. Blair
2020AP27 Anderson v. LIRC
State v. Williams
2020AP174 State v. Dominguez
2020AP261-CR State v. Ross
2020AP498-CR to
State v. Gutierrez
2020AP694-CR State v. Marinez
2020AP701 State v. Kharb
2020AP722 State v. Anderson
2020AP840 Schottler v. DOT
2020AP919 Zimmer v. Zimmer (Justice Rebecca Grassl Bradley dissents)
2020AP920-CR State v. Jacques
2020AP966 Florence County v. P.G.
2020AP1469-CR State v. Christenson
2020AP1502-CR State v. Houston
2021AP1019-W Collier v. Hanson
2015AP2027-CRNM State v. Diaz
2019AP1575 MDS Enterprises v. Mid State Truck Svsc.
2019AP1861 McShan v. Hayes
2020AP910 State v. Davis
2021APXX527-CR State v. Nieminski

Tom Sheehan
Court Information Officer
(608) 261-6640

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