Articles and Blogs

On May 2, 2023, the Wisconsin Supreme Court upheld the reversal of a trial court order compelling a hospital to administer Ivermectin to a patient suffering from COVID-19. In what had the potential to be a knock-out case addressing appropriate standards of care, patient rights and doctor shopping, the Supreme Court instead affirmed the... READ MORE

In State of Wisconsin v. Dawn M. Prado, the Supreme Court of Wisconsin affirmed the earlier 2020 decision of the Wisconsin Court of Appeals (as detailed in a previous Hall Render article), to hold that a provision of Wisconsin’s “implied consent” law (see “Incapacitated driver provision”,  Wis. Stat. § 343.305), which permitted police to... READ MORE

Recently, the Wisconsin Supreme Court voted to accept review of State of Wisconsin v. Dawn M. Prado, in which the Court of Appeals struck down a portion of Wisconsin’s “implied consent” law that permits police to order warrantless blood draws on incapacitated drivers.[1] As detailed in a previous Hall Render alert, although the Court... READ MORE

Recently, the Wisconsin Supreme Court affirmatively ruled that an employee’s violation of his or her employer’s written absenteeism policy constituted “misconduct” under Wis. Stat. § 108.04(5), even where the employer’s absenteeism policy was more stringent than the definition of absenteeism outlined under the statute. In doing so, the Court reversed a decision by the... READ MORE

In State v. Mitchell, 2018 WI 84, a non-precedential decision released earlier this month, the Wisconsin Supreme Court upheld an OWI conviction based on a blood draw taken when the defendant driver was literally passed out drunk. In May 2013, Sheboygan Police received a tip about a possible drunk driver. When they caught up... READ MORE

On June 27, 2018, the Wisconsin Supreme Court (the “Court”) upheld the constitutionality of a state statute that establishes a $750,000 cap on medical malpractice noneconomic damages as part of Wisconsin’s unique medical liability system that also guarantees payment of all of a proper claimant’s economic damages. In Mayo v. Wis. Injured Patients and... READ MORE