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Appellate Decisions

Wisconsin Supreme Court
Grube v. Daun, 210 Wis.2d 681, 563 N.W.2d 523 (1997) (Successful liability defense based on interpretation of hazardous waste statue and determination that application was intended for the general public and not a specific class; therefore, because the statute was not a “safety statute,” a violation would not constitute negligence per se.)

Court of Appeals
Kriefall v. Sizzler USA Franchise, Inc., 335 Wis.2d 151, 801 N.W.2d 781 (Ct. App. 2011) (Court of appeals reversed portion of judgment whereby successfully asserted basis for contractual indemnity before jury; currently pending before Wisconsin Supreme Court.)

Pagel v. Marcus Corp., 2008 WI App 110, 313 Wis.2d 78, 756 N.W.2d 447 (Granted summary judgment on premises liability defense; held that where the dangerous condition of a chattel is open and obvious to the reasonable user, no warning is required under Restatement (2d) of Torts § 388(1), and summary judgment dismissing a negligence claim premised on failure to warn is proper.)

Novak v. American Family Mut. Ins. Co., 183 Wis.2d 133, 515 N.W.2d 504 (Ct. App. 1994) (Held that insurer had no duty to defend upon exhaustion of the policy limit by payment of settlement to third party where language of policy expressly provided that the insurer would have no duty to defend after its limit of liability had been offered.)
General Medical Corp. v. Kobs, 179 Wis.2d 422, 507 N.W.2d 381 (Ct. App. 1993) (Successfully appealed the trial court’s grant of summary judgment in a tortious interference claim.)

7th Circuit Court of Appeals
Knapp v. Eagle Property Management Corp., 54 F.3d 1271 (7th Cir. 1995) (Successfully argues for summary judgment on appeal where court was required to interpret whether depression and emotional distress damages were contained within provisions of insurance liability policy.)