Appellate Decisions Released July 7, 2006
The Wisconsin Supreme Court released these opinions today:
Bartholomew v. Wisconsin Patients Compensation Fund. Claims for noneconomic damages in a wrongful death action are not aggregated for purposes of imposing a single, global cap on such damages. Rather, the cap is applied to each individual claim. Thus, in this case, the estate of Helen Bartholomew was entitled to the full amount of damages for predeath pain and suffering, and Robert Bartholomew, as surviving spouse, was entitled to the full cap amount for both (a) predeath loss of society and companionship, and (b) post death society and companionship.
Northwest Airlines, Inc. v. Wisconsin Department of Revenue. The ad valorem tax exemption for airlines operating a hub in Wisconsin does not violate the Equal Protection Clause of the United States Constitution, or the Uniformity Clause of the Wisconsin Constitution. The Court also held that because Congress authorized differential taxation of airlines by the several states, the courts may not entertain a negative Commerce Clause challenge to a state's exercise of that authority.
Huml v. Vlazny. The Court held that a settlement in a civil action has no effect on a restitution order resulting from criminal proceedings while the defendant is yet on probation. However, after the defendant completes probation and the restitution order is reduced to a civil judgment, a settlement of the civil suit will preclude enforcement of the civil judgment on the restitution order.
Teschendorf v. State Farm Ins. Companies (insurer may not reduce uninsured motorist policy limits by worker's compensation payments that are not made to, or on behalf of, the insured).
Buyatt v. Metropolitan Property and Cas. Ins. Co (interest on an overdue claim begins to accrue 30 days after claimant provides statutory notice (33 days when notice is mailed)).
Kontowicz v. American Std. Ins. Co. of Wisconsin (interest on an overdue claim begins to accrue 30 days after claimant provides statutory notice (33 days when notice is mailed)).
The Wisconsin Court of Appeals did not release any opinions today.
Bartholomew v. Wisconsin Patients Compensation Fund. Claims for noneconomic damages in a wrongful death action are not aggregated for purposes of imposing a single, global cap on such damages. Rather, the cap is applied to each individual claim. Thus, in this case, the estate of Helen Bartholomew was entitled to the full amount of damages for predeath pain and suffering, and Robert Bartholomew, as surviving spouse, was entitled to the full cap amount for both (a) predeath loss of society and companionship, and (b) post death society and companionship.
Northwest Airlines, Inc. v. Wisconsin Department of Revenue. The ad valorem tax exemption for airlines operating a hub in Wisconsin does not violate the Equal Protection Clause of the United States Constitution, or the Uniformity Clause of the Wisconsin Constitution. The Court also held that because Congress authorized differential taxation of airlines by the several states, the courts may not entertain a negative Commerce Clause challenge to a state's exercise of that authority.
Huml v. Vlazny. The Court held that a settlement in a civil action has no effect on a restitution order resulting from criminal proceedings while the defendant is yet on probation. However, after the defendant completes probation and the restitution order is reduced to a civil judgment, a settlement of the civil suit will preclude enforcement of the civil judgment on the restitution order.
Teschendorf v. State Farm Ins. Companies (insurer may not reduce uninsured motorist policy limits by worker's compensation payments that are not made to, or on behalf of, the insured).
Buyatt v. Metropolitan Property and Cas. Ins. Co (interest on an overdue claim begins to accrue 30 days after claimant provides statutory notice (33 days when notice is mailed)).
Kontowicz v. American Std. Ins. Co. of Wisconsin (interest on an overdue claim begins to accrue 30 days after claimant provides statutory notice (33 days when notice is mailed)).
The Wisconsin Court of Appeals did not release any opinions today.
posted by Daniel Kelly at 10:14 AM
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