Tort Law – Page 12 – Marquette University Law School Faculty Blog

My Favorite Wisconsin Cases

Post author:John J. Kircher
Post published:February 8, 2009
Post category:Legal Education Tort Law Wisconsin Civil Litigation Wisconsin Supreme Court

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 early as their first year with us, that is not improper for one to find fault with judicial and legislative reasoning, at times even in a humorous fashion, as long as due respect is shown.

The first of my favorites is considered in my Torts class. It is Quesenberry v. Milwaukee County, 106 Wis.2d 685, 317 N.W.2d 468 (1982). It arises in the discussion of the duties of owners and occupiers of land to those who come upon the property. It is referenced to show how, at times, state legislatures see fit to modify common law rules. The case dealt with a provision of the Wisconsin Statutes in effect at the time of an accident (then § 29.68) that barred recovery for injuries received while engaging in “recreational” activities on lands of another.

Ecclesiastical Immunity

Post author:Richard M. Esenberg
Post published:January 15, 2009
Post category:Religion & Law Tort Law

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 Bishop apparently came to believe that the charity was beset by financial irregularities and, after first ordering the priest to stop raising money for it, removed him as vicar. The Bishop then sent a letter and spoke to parishioners telling them that the charity was ineffectively managed and engaged in questionable financial practices.

The priest’s action against the diocese (alleging, among other things, racial discrimination) was dismissed based upon the ministerial exception. No surprise there.

The charity then sued the Bishop for tortious interference and defamation. As noted above, these claims were also dismissed based upon the ministerial exception. The exception has been applied in contexts other than claims based upon employment. In my home state of Wisconsin, for example, it has been applied to claims for the negligent hiring, retention and supervision of priests who committed sexual abuse.

But should it be applied here?

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

Post author:Jessica E. Slavin
Post published:December 19, 2008
Post category:Tort Law Wisconsin Civil Litigation Wisconsin Supreme Court

Supreme Court seal 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 to have his libel and slander claims against various defendants reinstated. Biskupic, as you may know, is a former Outagamie County D.A. who ran for state attorney general in 2002. Biskupic v. Cicero, 2008 WI App 117, ¶ 1. The defendants include a Shawano newspaper, the Shawano Leader, which published a false report stating that Biskupic had been convicted of bribery and graft. Id. ¶1

The Defendants moved for summary judgment against Biskupic’s claims. The circuit court “concluded Biskupic was a limited purpose public figure, and the actual malice standard applied. The court held the summary judgment submissions showed ‘the defamation occurred as a result of confusion and negligence, not malice.'” The circuit court also rejected Biskupic’s argument that he should be granted judgment against the newspaper defendants, or a jury instruction, based on a reporter’s destruction of interview notes. Id. ¶10-11. The Court of Appeals affirmed, and the Supreme Court has accepted Biskupic’s petition for review.