Jun

22

Anzivino on the Disappointed Expectations Test

Posted by: Michael M. O'Hear | June 22, 2009 | 1 Comment

Ralph Anzivino has a new paper on SSRN entitled “The Disappointed Expectations Test and the Economic Loss Doctrine.”  This makes a trilogy of recent articles by Ralph on different aspects of the economic loss doctrine.  (The first two are here and here.)  The abstract for this most recent entry is as follows:
The economic loss doctrine [...]

May

25

O’Hear, Twerski, and the Work of the Professoriate

Posted by: Joseph D. Kearney | May 25, 2009 | Leave a Comment

Professor Jessica E. Slavin recently posted concerning Professor Michael M. O’Hear’s well-deserved receipt of the Eastern District of Wisconsin Bar Association’s Judge Robert W. Warren Public Service Award. Through the resources available to me as dean, I have been able to secure a copy of Michael’s brief and well-stated acceptance remarks. Professor O’Hear describes his [...]

Apr

20

Stealthy or Shifty Tort Change

Posted by: John J. Kircher | April 20, 2009 | 10 Comments

Much media has been given to the so-called “stimulus package” recently passed and signed into law without members of Congress or the President knowing fully what was contained in the over 1500 pages.  Evidently, no one read the whole bill before taking the decisive action.
A similar approach seems to be occurring here in Wisconsin.  Buried [...]

Mar

25

Wisconsin Supreme Court Accepts Three New Cases, Including a Case That Will Determine Whether a Crime with No Sexual Component May Trigger Sex Offender Registration Requirements

Posted by: Jessica E. Slavin | March 25, 2009 | Leave a Comment

 
Today the Wisconsin Supreme Court accepted three new cases for review, two criminal cases and one civil case.
One of the criminal cases, State v. Smith, 2008AP1011, asks the court to determine whether the sex offender registration statute, Wisconsin Statute section 301.45, is unconstitutional in its application to a defendant whose crime, false imprisonment of a [...]

Mar

13

The Assault Upon the Citadel

Posted by: John J. Kircher | March 13, 2009 | Leave a Comment

I am no doubt dating myself, and that has been happening a lot lately, but Bill Prosser’s 1960 article in the Yale Law Journal probably has had the greatest influence on the way that I write and teach about the law [William L. Prosser, The Assault Upon the Citadel (Strict Liability to the Consumer), 69 [...]

Feb

8

My Favorite Wisconsin Cases

Posted by: John J. Kircher | February 8, 2009 | 1 Comment

Where does one start?!  I attempt to bring Wisconsin law into my classes for several reasons.  The “Diploma Privilege” permits our students to practice in this state without taking the Bar Exam.  Wisconsin courts have been pacesetters as to matters considered in the subject areas in which I teach.  I believe students should learn, as [...]

Jan

15

Ecclesiastical Immunity

Posted by: Richard M. Esenberg | January 15, 2009 | Leave a Comment

Last month, a trial court in Connecticut applied the ministerial exception to dismiss a defamation claim brought by a charitable organization against the Catholic bishop of Connecticut. In brief, the vicar of a Connecticut parish had organized a charity in his native Tanzania and, among other things, raised funds for it from his congregation. The [...]

Dec

19

Newly Accepted Civil Cases at Wisconsin Supreme Court, Including Biskupic Slander Case

Posted by: Jessica E. Slavin | December 19, 2008 | Leave a Comment

As just mentioned, the Wisconsin Supreme Court has decided to accept six new cases, three criminal cases and three civil ones. My prior blog post about those cases discussed the criminal cases; this post discusses the civil ones.
The most newsworthy civil matter seems to be Biskupic v. Cicero, 2007AP2314. Through this appeal Vince Biskupic seeks [...]

Oct

6

Priorities for the Next President: Don’t Change a Thing About Tort and Insurance Law

Posted by: John J. Kircher | October 6, 2008 | 1 Comment

I am very happy with the state of tort and insurance law. Thus, my message to the new president would be: Don’t change a thing.
I suspect that will be true if a Republican is elected president. If a Democrat is elected, I also suspect there will be little change in tort law brought about by [...]

Sep

16

Legislative Usurpation of Jury Deliberations

Posted by: John J. Kircher | September 16, 2008 | 2 Comments

It is now beyond question that the use of automotive safety belts goes a long way to reducing the number of injuries and deaths occasioned by auto accidents. When those belts are combined with the air bags in newer models of motor vehicles, the survivability of motor accidents increases greatly.
It is somewhat of an [...]

Sep

9

Economic Loss: Learning From Insurance Law

Posted by: Michael M. O'Hear | September 9, 2008 | Leave a Comment

My colleague Ralph Anzivino has a helpful new article that explores the fine line between contract law and tort law: The Economic Loss Doctrine: Distinguishing Economic Loss from Non-Economic Loss, 91 Marq. L. Rev. 1081 (2008). As developed by Wisconsin and many other states, the economic loss doctrine indicates that purely economic losses are [...]

Sep

8

How Does One Punish a Fiction?

Posted by: John J. Kircher | September 8, 2008 | 3 Comments

Having spent a good deal of time over the past several years studying all the various nuances of punitive damages law [John J. Kircher & Christine M. Wiseman, Punitive Damages: Law & Practice (2000 & Supp 2008)], questions still remain unanswered: How can a legal fiction like a corporation engage in egregious conduct so [...]

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