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Wisconsin Supreme Court

Wisconsin Supreme Court on Wis. Stat. § 108.04(5)(e): Employers May Adopt Their Own Absenteeism Policies


Posted on October 16, 2018 in HR Insights for Health Care

Published by: Hall Render

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

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Warrantless Blood Draws: Wisconsin Supreme Court Splits on Constitutionality of Implied Consent When OWI Arrestee Is Unconscious


Posted on July 16, 2018 in Health Law News

Published by: Hall Render

In State v. Mitchell, 2018 WI 84, a non-precedential decision released earlier this month, the Wisconsin Supreme Court upheld an OWI conviction based on a blood draw taken when the defendant driver was literally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

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Wisconsin Supreme Court Upholds Constitutionality of Medical Malpractice Noneconomic Damages Cap


Posted on June 29, 2018 in Health Law News

Published by: Hall Render

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

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