Wisconsin Appellate Court Clarifies Subjective And Objective Intent Requirements In Intentional Act Exclusion

The Wisconsin Court of Appeals recently had occasion to address the issue of whether “subjective” and/or “objective” intent to cause injury must be found in the context of an intentional act exclusion. In Fetherstone v. Parks, ­2014 WI App. 2, the Court interpreted an American Family insurance policy to determine whether a showing of both…

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Did Wisconsin Just Adopt The Twombly And Iqbal Heightened Federal Pleading Standard?

On July 23, 2014, the Wisconsin Supreme Court decided Data Key Partners v. Permira Advisers LLC, 2014 WI 86. Remarkably, the decision appears to adopt the U.S. Supreme Court’s controversial decision in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). According to the minority opinion, the Court adopted Twombly without it having been briefed…

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New Victories For Subrogation Against FDCPA Lawsuits

For nearly twenty years, the plaintiffs’ bar and negligent third parties have been trying to use the Federal Debt Collection Practices Act (FDCPA) as a weapon against legitimate subrogation claims. While the fight continues, two recent federal district court decisions came down in favor of subrogation yet again. Both cases center on a third party’s…

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Texas Clarifies Workers’ Compensation Subrogation In Death Cases

Texas has historically been a very favorable venue for workers’ compensation subrogation. It has not been without its gray areas. In death cases, when an employee dies and either he and/or his surviving family members have received workers’ compensation benefits, a careful analysis is required in order to determine the subrogation and future credit rights…

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Wisconsin Supreme Court Confirms Carrier’s “Equal Voice” In Third-Party Litigation

Trial lawyers are already calling it a “travesty of justice” and I gave two media interviews about its significance within two hours of the decision being published. The truth is, however, the new Wisconsin Supreme Court case which is being decried as allowing a workers’ compensation carrier to “force” an employee to accept a settlement…

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Subrogating Longshore Payments Against Jones Act Recoveries

A recent decision by the 5th Circuit Court of Appeals has dramatically expanded a longshore harbor workers’ compensation carrier’s rights of subrogation in Jones Act cases. The Chenevert v. Travelers Indemnity Co., 2014 WL 902873 (5th Cir. 2014) decision declares for the first time that a longshore harbor workers’ compensation carrier has a right of…

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Carrier Reimbursement Under War Hazards Compensation Act

My oldest son was recently in Afghanistan as a civilian contractor with Army and Air Force Exchange Service (AAFES). He is one of tens of thousands of employees of civilian contractors working overseas and subject to workers’ compensation under the Defense Base Act (DBA) and War Hazards Compensation Act (WHCA). The U.S. has military personnel…

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