Significant Opinions of The Wisconsin Court of Appeals Authored By Judge Fitzpatrick

Amazon Logistics, Inc. v. LIRC, 407 Wis. 2d 807 (Ct. App. 2023) (Analysis to determine if employee or independent contractor)

Clarke v. SSM Health Care, 2023 WI App 11 (Class action with statutory, unjust enrichment, and conversion claims regarding medical records)

Wisconsin Bank & Trust v. Jim Herman, Inc., 2022 WI App 57 (Lawsuit concerning a guarantee by a partnership, including issues of laches and authority of agent of the partnership)

E.K. and B.E. v. Erie Ins., 2022 WI App 55 (Insurance coverage dispute including issues related to invasion of privacy)

Estate of Cohen v. Trinity Health Management, et al., 402 Wis. 2d 220 (Ct. App. 2022) (Application of a statute of limitations in wrongful death action)

Scoll & Remeika, LLC v. Fueger, 2022 WI App 27 (Defamation claim brought by business with defenses of conditional privileges)

Roustan v. Robinhood Financial, LLC, 2022 WI App 13 (Enforcement of arbitration provision concerning retail brokerage account)

DEKK Property Dev. v. DOT, 2022 WI App 8 (Eminent domain and compensation issues)

Pozner v. Fetzer, 2021 WI App 27 (Defamation claims related to the 2012 Newtown Sandy Hook Elementary School shootings)

Rapid Die and Molding Co. v. Royal Bancshares, Inc., 2021 WI App 82 (Breach of contract and negligence causes of action against bank based on funds stolen from an account)

Auto-Chlor v. Ehlert, 2021 WI App 67 (enforcement of a noncompete agreement)

Island Camping, Inc. v. Wisconsin DOT, 2021 WI App 63 (Eminent domain and an uneconomic remnant claim)

Mueller v. Bull’s Eye Sport Shop, LLC, 398 Wis. 2d 329 (Ct. App. 2021) (Spoliation of evidence in a products liability case and available remedies for spoliation)

Zhu v. Hodgson, 395 Wis. 2d 768 (Ct. App. 2020) (Personal injury action with issues including admissibility of expert testimony, sufficiency of evidence, and jury instructions)

State v. Johnson, 394 Wis. 2d 807 (Ct. App. 2020) (Retrospective application of a constitutional amendment)

State v. King, 394 Wis. 2d 431 (Ct. App. 2020) (Constitutionality of internet use restrictions placed on person under criminal case supervision)

Whittlesey v. LIRC, 2020 WI App. 131 (discrimination in the workplace)

Proformance Manufacturing v. Teel Plastics, 2020 WI App 31 (Commercial litigation concerning breach of contract, unjust enrichment, and proprietary business information)

Zignego v. Wisconsin Elections Commission, 391 Wis. 2d 441 (Ct. App. 2020) (Election law and request to purge 200,000 persons from voter rolls)

Wisconsin Dept. of Revenue v. Microsoft Corp., 389 Wis. 2d 350 (Ct. App. 2019) (Taxation of sales of computer software; licenses of computer software)

Soria v. Classic Custom Homes, 2019 WI App 48
(Theft by contractor claims; statutory settlement offers)

Security Health Plan v. American Standard Ins., 384 Wis. 2d 545 (Ct. App. 2018)
(Insurance coverage dispute including interpretation of health insurance-related statutes and rules)

City of Weyauwega v. Wisconsin Central R.R., 384 Wis. 2d 382 (Ct. App. 2018) (Federal preemption of state laws; Federal Railroad Safety Act)

Baldwin v. Milwaukee Co. Retirement Sys., 382 Wis. 2d 145 (Ct. App. 2018) (Public employment pensions; interpretation of municipal ordinances)

Town of Grant v. Portage Co., 378 Wis. 2d 289 (Ct. App. 2017) (Property taxes; powers of counties)