Wisconsin Civil Litigation – Page 5 – Marquette University Law School Faculty Blog

The Verdict? A Very Successful Civil Trial Conference

Post author:Daniel D. Blinka
Post published:November 9, 2009
Post category:Evidence Federal Civil Litigation Marquette Law School Wisconsin Civil Litigation

One of this Law School’s most noteworthy legacies is its production of many of the region’s most outstanding trial lawyers. The legacy was fully evident on Friday, November 6, 2009 at the Civil Trial Evidence and Litigation Conference. The sold-out event served as a “last call for Sensenbrenner Hall” of sorts while featuring a panel that well-represented the many fine trial lawyers who have distinguished themselves as Marquette lawyers. It was my privilege to help organize the conference along with Pat Dunphy (L’76), who conceived of the idea and was the key to assembling the talented panel of Marquette alumni. In light of Friday’s success, Pat and I have already begun discussing next year’s civil litigation conference, which will be held in the Law School’s new venue in Eckstein Hall.

The presentations spanned a broad array of issues and problems regularly confronted in civil litigation. The strength of the presentations rested not just in their discussion of doctrine and rules, but in the panelists bringing to bear their experience and insights in preparing and trying cases. Links to the written CLE material and the accompanying PowerPoint presentations will be posted on the Law School’s website later this week.

Starting the day was Michael J. Cohen (L’86) of Meissner Tierney Fisher & Nichols SC, who underscored the important relationship between pretrial practice and outcomes at trial. Drawing on his extensive experience as a commercial litigator, Mike addressed the duty to preserve evidence, especially electronic information, when a lawsuit appears on the horizon. Mike emphasized the need to work with the client to understand what the law requires so that discoverable information is not destroyed, inadvertently or otherwise, thereby exposing the client (or counsel) to sanctions. Pat Dunphy (L’76) of Cannon & Dunphy SC, addressed a different aspect of pretrial practice, namely, the creative use of requests to admit during discovery. Pat described how he used requests to admit to obtain a binding judicial admission in a major product liability case that proved determinative of its outcome.

More on Coulee Catholic Schools v. LIRC

Post author:Daniel Suhr
Post published:July 23, 2009
Post category:Constitutional Interpretation First Amendment Labor & Employment Law Wisconsin Civil Litigation Wisconsin Law & Legal System Wisconsin Supreme Court

As Professor Esenberg has just posted about, earlier this week, the Wisconsin Supreme Court handed down a very important decision, Coulee Catholic Schools v. LIRC (2009 WI 88). Although some describe the holding as “a dramatic change” in Wisconsin employment law, I think the case is more important for its constitutional discussion. On the actual question presented, I think the Court’s holding was straightforward, correct, and not very dramatic.

In Coulee Catholic Schools, the Court was asked whether a first grade teacher in a Catholic school was subject to the “ministerial exception,” meaning that the school’s religious freedom to select its own ministers and leaders barred her age discrimination claim. Half the courts in the country that have considered this question concluded that a religious school teacher is engaged in sufficient ministry to be included, while half have said that such a teacher is not. The Wisconsin Supreme Court decided that the religious school teacher in this case did engage in and lead sufficient religious activities to fall within the exception.

Wisconsin Set to Pass Enhanced Employment Discrimination Law

Post author:Paul M. Secunda
Post published:May 6, 2009
Post category:Labor & Employment Law Wisconsin Civil Litigation

WISCTV.com is reporting that the State of Wisconsin is close to passing a bill that would permit compensatory and punitive damages for violations of the Wisconsin’s state employment discrimination law:

A bill designed to stiffen penalties for employer discrimination passed the state Assembly on Wednesday, [April 29th].

The bill requires companies that discriminate against their workers to pay compensatory and punitive damages. This is a step above the current law, which lets the state order companies to rehire workers and pay back pay, along with attorney fees. This bill applies to employers who discriminate based on race, gender and other factors.

Democratic supporters say this bill punishes discrimination, while Republican critics say it will increase lawsuits and hurt businesses.The bill now goes to Gov. Jim Doyle for his signature as both the state Senate and Assembly have both approved it.

Actually, this amendment to the Wisconsin law is consistent with what happened to federal Title VII law after passage of the Civil Rights Act of 1991 (CRA of 1991).