Petitioners brought suit against Pro Electric Contractors for negligence in connection with Pro Electric’s work as a contractor on a government construction project. Pro Electric argued that the damage at issue occurred because of construction design decisions made by the Wisconsin Department of Transportation (DOT) and that Pro Electric was simply implementing DOT’s decisions. The district court granted summary judgment for Pro Electric. The court of appeals affirmed. The Supreme Court affirmed, holding that the undisputed facts do not support a reasonable inference that Pro Electric failed to comply with its duties in Wis. Stat. 182.0175(2)(am). View "Melchert v. Pro Electric Contractors" on Justia Law
Plaintiffs filed a personal injury slip-and-fall action against defendants and defendants moved to disqualify plaintiffs' attorney. At issue was whether defendants had standing to bring a motion to disqualify plaintiffs' attorney where plaintiffs' attorney's law firm had previously represented defendants' exclusive property manager. Also at issue was whether the circuit court erred as a matter of law in applying an "appearance of impropriety" standard in deciding the motion for disqualification. The court held that defendants had standing to move to disqualify opposing counsel where defendants have shown that plaintiffs' attorney's prior representation was so connected with the current litigation that the prior representation was likely to affect the just and lawful determination of defendants' position. The court also held that the circuit court incorrectly applied the standard of law and should have determined the motion for disqualification based on an attorney's duty to a former client in SCR 20:1.9. Accordingly, the court reversed the order of the circuit court and remanded for further proceedings.
Posted in: Injury Law, Legal Ethics, Professional Malpractice & Ethics, Real Estate & Property Law, Wisconsin Supreme Court