Earlier this month, the Wisconsin District I Court of Appeals held that the cap on noneconomic damages for medical malpractice claims was facially unconstitutional. The case, Mayo v. Wisc. Injured Patients and Families Compensation Fund, involved plaintiffs who were awarded $16,500,000 in noneconomic damages, far more than the $750,000 cap allowed. Mayo was not the […]

ATTORNEY BUDZINSKI ACHIEVES RECERTIFICATION IN CIVIL TRIAL LAW WITH THE NATIONAL BOARD OF TRIAL ADVOCACY
Madison, WI -The National Board of Trial Advocacy (NBTA) is pleased to announce that Attorney Mark Budzinski of the law firm, Corneille Law Group, LLC, has successfully achieved recertification as a civil trial advocate. Mr. Budzinski has been an NBTA member in good standing for 5 years. The NBTA was formed out of a strong conviction that both the […]

Legal Assistant Kathy Carufel chosen as Unsung Hero
Corneille Law Group, LLC congratulates Kathy Carufel on being chosen as one of 24 Unsung Heroes by the Wisconsin Law Journal. Kathy is a legal assistant to Barrett Corneille and David Pliner and is an invaluable member of our litigation team. Carufel still enjoys complex legal work after 45 years By: MaryBeth Matzek, Special […]

Assembly Bill 143 Provides State Regulation of Rideshare Companies Including Additional Insurance Requirements
The debate between the City of Madison and the state legislature regarding regulation of transportation network companies (TNC’s) was largely resolved on May 1, 2015, when Governor Walker signed Assembly Bill 143 into law. The new law provides additional access to affordable transportation options throughout the state, while imposing standards to ensure safety and appropriate […]

Mark Budzinski Selected as Wisconsin Law Journal Leader in the Law
Corneille Law Group congratulates Mark Budzinski for being selected as one of Wisconsin Law Journal’s 2015 Leaders in the Law. The annual awards program recognizes the top judges, attorneys and legal professionals making a difference in Wisconsin’s legal community. Honorees are chosen from nominations submitted by their peers. Mark was one of only 27 people selected […]

A Primer for Wisconsin Healthcare Providers Regarding Testimony in Criminal Cases
Most healthcare providers are well-versed in mandatory reporting requirements regarding abuse, neglect, and domestic violence. Similarly, most healthcare providers are well aware of their ability to provide information to law enforcement officers in emergency health care situations. Less frequently, a healthcare provider may find himself or herself subpoenaed to be a fact witness in a […]

Supreme Court Reverses Appellate Decision To Hold Manure Is A Pollutant
The Wisconsin Supreme Court has set significant precedent on when and how a substance will be considered a pollutant under an insurance policy’s pollution exclusion. In a majority opinion authored by Justice Gableman, the court held in Wilson Mutual Insurance Company v. Falk, et al, that the seepage of cow manure on a dairy farm […]

Court Of Appeals Reminds Plaintiffs That Allegations Of Fraud Must Meet Heightened Pleading Standard
On January 8, 2015, the Court of Appeals issued its decision in Dr. Michael B. Shapiro v. Rick Vanden Heuvel CPA, et al., 2014AP1338, reinforcing the longstanding principle that claims of fraud must be supported by specific allegations in the complaint. Dr. Shapiro alleged in his Complaint that the defendants, Rick Vanden Heuvel and Dan […]

Wisconsin Supreme Court Provides a Narrow Interpretation of “Owner” Under the Dog Bite Statute
Overview In its recent opinion in Augsburger v. Homestead Mutual Ins. Co., 2014 WI 133 (Dec. 26, 2014), the Wisconsin Supreme Court undertook a narrow interpretation of the “dog bite” statute. According to the Court, imposing liability on a landowner for “harboring” a dog requires more than mere ownership of the land on which […]

Seventh Circuit Upholds Coverage for ‘Continuous’ Occurrence Five Years After WI Policy Expires
The Seventh Circuit Court of Appeals, in a decision by District Judge Virginia Kendall, upheld coverage for damage to an insured’s home discovered five years after the insurer’s policy with the insured expired. BACKGROUND The Strausses built a house in Mequon, Wisconsin in 1994. They insured their home with a number of policies, including a […]