Yesterday, the Wisconsin Supreme Court ruled that injured Wisconsin residents cannot sue the makers of defective medical devices that are previously approved by the Food and Drug Administration. (cite is 2009 WI 19) This decision, which follows U.S. Supreme Court precedent in Reigel v. Medtronic, Inc., 128 S. Ct. 999 (2008), holds that state law [...]
The State of Wisconsin is running a serious ad blitz on TV and radio. The ads talk about the number of deaths and serious injuries that occur daily because of car accidents. In short the ads talk about cell phones, drinking and not paying attention as bad driving habits that we all can work on. If we [...]
I’m heading out of town soon. I really dislike taking a ton of luggage. With 2 kids it’s pretty hard NOT to take a ton of luggage. Well, we thought maybe we could avoid taking the kids car seats and just rent them from the rental car company. Well, after researching the issue I can [...]
At first blush, the 6 workers injured at the We Energies Oak Creek facility would be limited to Workers Compensation to collect for their injuries. However, often times workplace injuries are the result of negligence by so-called third parties, meaning not the injured or the employer, but by a 3rd party responsible for the injuries.
The [...]
The Wisconsin Lawyer Magazine has a quick read entitled Politics in Civil Jury Selection. Very interesting.
This is one of the more important parts of my job. Who should I keep on a jury? What questions do I ask in order to figure out who would make a good juror for a particular set of facts. Who will [...]
In many litigation cases, the question is not, “was there a breach”, but rather “what are my damages.” As smart business people, the decision must always be what is my likelihood of success combined with my likely award. Unfortunately, there are many times when one party is as right as rain, but if the damages [...]
The Wisconsin Court of Appeals - District I - has decided a matter involving the notice one must supply prior to bringing a claim for the publication of libelous matter in a newspaper, magazine or periodical. (DeBraska v. Quad Graphics, Inc., et al, January 21, 2009, recommended for publication).
WIS. STAT. § 895.05(2) contains five requirements for valid [...]
A new top level domain is currently being made available: . tel
Unlike other top level domains, which simply direct users to websites that may be hosted anywhere in the world, .tel will store the owner’s contact information directly on the associated DNS (domain name server) — and will return that contact information when a user [...]
Robert W. was an inmate at the United States Prison Leavenworth. While there, he was assigned to work for Federal Prison Industries, Inc. (FPI), a US government-owned corporation that produces, sells and distributes various products. In the course of his duties for FPI, and using government-furnished computers, Robert W. developed and produced desk-blotter calendars for [...]
Did the Federal Circuit just tell the last patent defendant in east Texas to turn off the lights on your way out? The Eastern District of Texas is a popular venue for patent owners, especially non-practicing entities commonly maligned as “patent trolls,” filing infringement lawsuits. The Eastern District is widely perceived as being friendly [...]
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