OUTCOME: Client prevailed: Wisconsin Supreme Court reversed trial court and court of appeals decisions at summary judgment; plaintiff allowed to proceed to trial.
Declaratory action brought by clients against Green Lake County to determine the width of the County's right of way for a county highway and whether the county trespassed by removing trees and fences.
Employment and labor
Board of Regents of University of Wisconsin System v. State Personnel Com'n
Kristine Snow represented the State Personnel Commission (on appointment by Gov. Tommy Thompson). Public university police department appealed the Commission's decisions reinstating former officer and... excluding after-acquired evidence of misconduct in remedies hearing. On certification from the Court of Appeals, the Supreme Court, William A. Bablitch, J., held that: (1) as a matter of first impression, department was required to provide notice to officer, under civil service statutes and due process principles, before it could introduce after-acquired evidence related to his alleged removing confidential documents from police department files, and (2) Commission's determinations that department was substantially justified, such that former officer was not entitled to award of costs and fees, would be upheld, under great weight deference standard.
Medical malpractice
Ande v. Rock, et al.
May 16, 2002
OUTCOME: Court of appeals affirmed client's dismissal from case.
Kristine Snow represented a physician/researcher. Parents and their minor children, who suffered from cystic fibrosis, sued state employees, including researchers, and certain institutions, alleging s...tate and federal claims related to children's cystic fibrosis. The Circuit Court, Dane County, Robert DeChambeau, J., granted defendants' motions to dismiss, and plaintiffs appealed. The Court of Appeals, Roggensack, J., held that: (1) parents failed to allege any physician-patient relationships between themselves and researchers, as was required to maintain medical malpractice action; (2) prior to date on which parents learned of positive results of child's initial cystic fibrosis test, they did not have a clearly established property right to have received test results, as was required for § 1983 action; and (3) assuming withholding of test results implicated a liberty interest, researchers' failure to disclose did not rise to the level of a violation of a clearly established right, as was required for § 1983 action.
Corporate and incorporation
Community Nat. Bank v. Medical Ben. Adm'rs, LLC
Mar 01, 2001
OUTCOME: Court of appeals reversed in client's favor.
Kristine Snow represented an insolvent corporation placed in receivership. Circuit Court, Dane County, Richard J. Callaway, J., approved sale of corporation's assets and approved receiver's final acco...unting. Corporation appealed. The Court of Appeals, Roggensack, J., held that: (1) as a matter of first impression, receiver had a fiduciary duty to all parties with an interest in the receivership estate, including the insolvent debtor and all its creditors; (2) consulting contract was a corporate opportunity and was receivership property; and (3) receiver breached its fiduciary duty when it obtained consulting contract as part of sale of corporation's assets.
Insurance
Walstrom v. Gallagher Bassett Services, Inc.
Oct 10, 2000
OUTCOME: Summary judgment in favor of client was affirmed.
Kristine Snow represented the insurance adjuster on an appeal brought by an employee who sustained a work-related injury. The employee brought negligence action against adjuster that administered clai...ms for employer's workers' compensation insurer, claiming that he was entitled to damages as a result of adjuster's delay in authorizing his neck surgery. The Circuit Court, Brown County, Michael G. Grzeca, J., entered summary judgment in favor of adjuster, and employee appealed. The Court of Appeals, Peterson, J., held that adjuster was immune from employee's action, based on exclusive remedy provision of Workers' Compensation Act.