SUING THE KING: State Sovereign Immunity And Tort Liability In All 50 States

Ronald Reagan famously said, “The most terrifying words in the English language are: I’m from the government and I’m here to help.” Government has become almost synonymous with ineptitude. So it should be no surprise that every day people are injured, killed, or sustain property damage at the hands of careless government employees. Damages available to…

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New Wisconsin Federal Court Decision Makes Made Whole Doctrine A Self-Fulfilling Prophecy

What if the deck was stacked in such a way that insureds and tortfeasors could gerrymander and structure a tort settlement so as to ensure that the insured would never be “made whole”? Surely such ability would be a legal absurdity in a state where subrogation is supposedly favored for all of the societal benefits…

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Wisconsin Supreme Court Clarifies When Homeowner Can Be Held Liable For Negligent Acts Of Independent Contractor

The independent contractor rule in Wisconsin generally provides that “one who contracts for the services of an independent contractor is not liable to others for the acts of the independent contractor.” Lofy v. Joint School District 2, 42 Wis.2d 253, 166 N.W.2d 809 (Wis. 1969). However, an exception to this rule has been found if…

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You Break It, You Buy It: Understanding Anti-Indemnity Statutes

The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences. As adults engaging in commerce, we are not much different. It is virtually impossible to find a construction contract which does…

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