Trials & Appeals

Mayo and the End (For Now) of the Medical Malpractice Cap

Earlier this month, the Wisconsin District I Court of Appeals held that the cap on noneconomic damages for medical malpractice claims was facially unconstitutional. The case, Mayo v. Wisc. Injured Patients and Families Compensation Fund, involved plaintiffs who were awarded $16,500,000 in noneconomic damages, far more than the $750,000 cap...Read More »


ATTORNEY BUDZINSKI ACHIEVES RECERTIFICATION IN CIVIL TRIAL LAW WITH THE NATIONAL BOARD OF TRIAL ADVOCACY

Madison, WI -The National Board of Trial Advocacy (NBTA) is pleased to announce that Attorney Mark Budzinski of the law firm, Corneille Law Group, LLC, has successfully achieved recertification as a civil trial advocate. Mr. Budzinski has been an NBTA member in good standing for 5 years. The NBTA was formed out of a...Read More »


GAWRONSKI v. HOSPITAL, ET AL.

GAWRONSKI v. HOSPITAL, ET AL.
Decision Date: June 16 , 2016
Case Number: 13-CV-0240
State of Wisconsin/Circuit Court/Sauk County
Medical Malpractice

Jury Trial

In a nine-day medical negligence trial, defense counsel, including Barrett Corneille, secured a verdict in favor of a hospital and an emergency medicine physician. Plaintiff claimed that hospital...Read More »


HAYNES v. M.D., ET AL.

HAYNES v. M.D., ET AL.
Decision Date: May 5, 2016
Case Number: 12-CV-4112
State of Wisconsin/Circuit Court/Dane County
Medical Malpractice

Jury Trial

In a three-week medical negligence trial, defense counsel, including Barrett Corneille and Adam Fitzpatrick, secured a verdict in favor of an OB-GYN physician. Plaintiff claimed...Read More »


WOZNIAK V. EMPLOYER

WOZNIAK v. EMPLOYER
Decision Date: July 29, 2016
ERD Case Number: CR201300768
State of Wisconsin/Department of Workforce Development/Equal Rights Division
Age Discrimination

Administrative Hearing

In a hearing on the merits, Melita Mullen successfully defended the respondent employer against an age discrimination claim. In a written decision, the administrative...Read More »


ANDERSON v. M.D.

ANDERSON  v. M.D.
Decision Date: September 14, 2016
Case Number: 13-CV-0623
State of Wisconsin/Circuit Court/Rock County
Medical Malpractice

Jury Trial

In a three-day medical negligence trial, defense counsel Barrett Corneille and Melita Mullen successfully defended a general surgeon. Plaintiff claimed that during a colorectal procedure...Read More »


DODGE v. HOMEOWNERS

DODGE v. HOMEOWNERS
Decision Date: September 14, 2016
Case Number: 14-CV-0670
State of Wisconsin/Circuit Court/Eau Claire County
Intentional Battery/Castle Doctrine

Bench Trial

In a one-day trial to the court, defense counsel, including Melita Mullen, secured a decision in favor of defendant homeowners. In the context of an...Read More »


Legal Assistant Kathy Carufel chosen as Unsung Hero

UNSUNG_CorneilleLawFirm_Congrats_Third

Corneille Law Group, LLC congratulates Kathy Carufel on being chosen as one of 24 Unsung Heroes by the Wisconsin Law Journal.  Kathy is a legal assistant to Barrett Corneille and David Pliner and is an invaluable member of our litigation team.

 

Carufel still enjoys complex...Read More »


YOST v. M.D.

YOST v. M.D., ET AL.
Decision Date: April 21, 2015
Case Number: 13-CV-0044
State of Wisconsin/Circuit Court/Eau Claire County
Medical Malpractice
Jury Trial

In a seven-day medical negligence trial, defense counsel, including Barrett Corneille, secured a verdict in favor of three OB-GYN physicians. Plaintiff claimed that these physicians’...Read More »


Assembly Bill 143 Provides State Regulation of Rideshare Companies Including Additional Insurance Requirements

The debate between the City of Madison and the state legislature regarding regulation of transportation network companies (TNC’s) was largely resolved on May 1, 2015, when Governor Walker signed Assembly Bill 143 into law.  The new law provides additional access to affordable transportation options throughout the state, while imposing standards...Read More »


Mark Budzinski Selected as Wisconsin Law Journal Leader in the Law

Corneille Law Group congratulates Mark Budzinski for being selected as one of Wisconsin Law Journal’s 2015 Leaders in the Law.  The annual awards program recognizes the top judges, attorneys and legal professionals making a difference in Wisconsin’s legal community.  Honorees are chosen from nominations submitted by their peers.  Mark was...Read More »


A Primer for Wisconsin Healthcare Providers Regarding Testimony in Criminal Cases

Most healthcare providers are well-versed in mandatory reporting requirements regarding abuse, neglect, and domestic violence.  Similarly, most healthcare providers are well aware of their ability to provide information to law enforcement officers in emergency health care situations.  Less frequently, a healthcare provider may find himself or herself subpoenaed to be...Read More »


Supreme Court Reverses Appellate Decision To Hold Manure Is A Pollutant

The Wisconsin Supreme Court has set significant precedent on when and how a substance will be considered a pollutant under an insurance policy’s pollution exclusion.  In a majority opinion authored by Justice Gableman, the court held in Wilson Mutual Insurance Company v. Falk, et al, that the seepage...Read More »


Court Of Appeals Reminds Plaintiffs That Allegations Of Fraud Must Meet Heightened Pleading Standard

On January 8, 2015, the Court of Appeals issued its decision in Dr. Michael B. Shapiro v. Rick Vanden Heuvel CPA, et al., 2014AP1338, reinforcing the longstanding principle that claims of fraud must be supported by specific allegations in the complaint.

Dr. Shapiro alleged in his Complaint that the...Read More »


Wisconsin Supreme Court Provides a Narrow Interpretation of “Owner” Under the Dog Bite Statute

Overview  

In its recent opinion in Augsburger v. Homestead Mutual Ins. Co., 2014 WI 133 (Dec. 26, 2014), the Wisconsin Supreme Court undertook a narrow interpretation of the “dog bite” statute.  According to the Court, imposing liability on a landowner for “harboring” a dog requires more than mere...Read More »


Seventh Circuit Upholds Coverage for ‘Continuous’ Occurrence Five Years After WI Policy Expires

The Seventh Circuit Court of Appeals, in a decision by District Judge Virginia Kendall, upheld coverage for damage to an insured’s home discovered five years after the insurer’s policy with the insured expired.

BACKGROUND

The Strausses built a house in Mequon, Wisconsin in 1994. They insured their home with a number of...Read More »


Court of Appeals Restricts Consideration of Market Value and Broad Evidence in Appraisal

On November 12, 2014, the Wisconsin Court of Appeals, District 1, rendered its decision in Coppins, et al. v. Allstate Indemnity Company, 13AP2739. Coppins involved an appeal from an order of the Milwaukee Circuit Court, Judge Paul R. Van Grunsven, awarding summary judgment to Allstate...Read More »


Attorney Matthew Moeser joins Corneille Law Group

Corneille Law Group, LLC is proud to announce that Attorney Matthew D. Moeser has joined the firm. Matt graduated cum laude from both Harvard University and the University of Wisconsin Law School. Since his graduation from law school in 1999, Matt worked in private practice where he handled a wide...Read More »


Reducing the Risks of Health Care Provider Liability for Employee Privacy Breaches

Organizations and individuals that handle “protected health information” (PHI) face high standards imposed by both federal and state law.(1) This week, we consider steps health care industry employers can take to reduce the risk of liability when an employee accesses and/or discloses PHI without authorization. Such situations could arise when...Read More »


Corneille Law Group Attorneys Selected to Wisconsin Super Lawyers and Rising Stars Lists

Corneille Law Group is pleased to announce their firm’s selections to the 2014 Wisconsin Super Lawyers and Rising Stars lists.

  • Super Lawyers: Barrett Corneille, David Pliner, and Mark Budzinski.
  • Rising Stars: Gina Meierbachtol and Shannon Buttchen.

Both Super Lawyers and Rising Stars are selected based on peer nomination and recognition for professional achievement...Read More »


Identifying Cyber Risks and Protecting Health Care Organizations from Data Breaches

Overview

The modern business landscape requires increasing reliance on the Internet and forms of social media as a platform to interact with potential customers, share information with the public, and sell products and services.  Though these interactive mediums can provide businesses with increased efficiency and connectivity, they also...Read More »


Corneille Law Group Attorneys Selected for Inclusion in the 2015 U.S. News and World Report: The Best Lawyers in America®

Corneille Law Group, LLC congratulates Barrett Corneille, David Pliner, and Mark Budzinski for their inclusion in the 2015 edition of U.S. News and World Report: The Best Lawyers in America® in the areas of medical malpractice defense, appellate and insurance law, and personal injury defense.  Best Lawyers is the oldest...Read More »


Wisconsin Supreme Court has Opportunity to Clarify Scope of Pollution Exclusions

1.     INTRODUCTION

Wisconsin cases interpreting insurance coverage under pollution exclusion clauses have failed to give insurers and their insureds guidance as to what circumstances would trigger a standard pollution exclusion clause.  To a large extent, the cases involving pollution exclusions in Wisconsin have...Read More »


Statutory Interest Imposed under Wis. Stat. 628.46 Is Not Applicable to Payment of Contractual Settlements of an Insurance Claim

Last week, the Court of Appeals  in Singler v. Zurich American Insurance Company (2014AP391) found Wis. Stat. §628.46, the statute which imposes 12 percent annual interest if an insurer fails to pay a claim within 30 days, is not applicable to payment of contractual settlements of...Read More »


The Plain Language of Underinsured Motorist Policy Excluded Coverage for Vehicles Which Were Not Insured under the Policy

On August 26, 2014, the Wisconsin Court of Appeals, District 1, affirmed a decision from the Milwaukee County Circuit Court, denying coverage in an underinsured motorist finding that there was no coverage under the policy because the insured was injured, “while ‘occupying’, or when struck by, any motor...Read More »


Providing Initial Defense for Insured’s in Cases Where Coverage is Questionable Can Provide Insurers with Procedural Leverage to Later Disclaim its Duty to Defend

Overview

A recent unpublished decision by the Wisconsin Court of Appeals provides valuable insight into the requirements for an insurer in satisfying the “four corners” rule as well as the ability to use extrinsic evidence in arguing for a coverage exclusion in cases where there is a basis to...Read More »


HIPAA Compliance Is More Important than Ever for Business Associates of Health Care Entities

The Health Care Insurance Portability and Accountability Act of 1996 (HIPAA) has been a defining feature of the health care landscape for nearly twenty years. Key pieces of HIPAA are its Privacy and Security Rules, which set standards for how “covered entities” (health care providers, health care clearinghouses...Read More »


Wisconsin Supreme Court Affirms Decision to Extend Insurance Coverage to a Defendant as a Permissive User Under the Plaintiff’s Auto Insurance Policy

This past July the Supreme Court decided Blasing v. Zurich American Insurance Company, 2014 WI 73.  At issue was whether the plaintiff’s insurance company had a duty to defend and possibly indemnify Menard, Inc. under the plaintiff’s automobile liability policy.

The plaintiff, Ms. Blasing, had...Read More »


Wisconsin Supreme Court Affirms Employer Liability for Inherently Dangerous Activity of Independent Contractors: Clarifies Employers Must Exercise Reasonable Care

This past June, the Wisconsin Supreme Court affirmed a decision of the court of appeals that an employer/property owner could be held liable for damage to his neighbors property caused by the acts of the independent contractor he hired to spray herbicide.

The case is Read More »


Mark Budzinski selected as member of FDCC

Corneille Law Group congratulates Mark Budzinski for his acceptance as a member of the Federation of Defense and Corporate Counsel (FDCC).  The FDCC was founded seventy-eight years ago as an international defense organization dedicated to the principles of knowledge, justice, and fellowship.  It is a...Read More »


Revised Informed Consent Statute Provides Greater Protection for Healthcare Providers

In April 2012, the Wisconsin Supreme Court dealt a significant blow to the medical community when it handed down its decision in Jandre v. Wisconsin Injured Patients and Families Compensation Fund, 2012 WI 39.  The issue before the Supreme Court was whether a physician, who had...Read More »


DE LA CRUZ v. HOSPITAL, ET AL.

DE LA CRUZ v. HOSPITAL, ET AL.
Decision Date: February 10, 2014
Case Number: 12-CV-3091
State of Wisconsin/Circuit Court/Dane County
Medical Malpractice
Jury Trial

In this three-week medical negligence case, defense counsel secured a verdict in favor of a Madison Hospital and a UW family medicine physician where plaintiff claimed that...Read More »


SCHUMACHER v. JOHN DOE

SCHUMACHER v. JOHN DOE
Verdict Date: 02/04/14
Case No: 11-CV-2356
State of Wisconsin/Circuit Court/Brown County
Premises Liability
Jury Trial

In February of 2014, Mark Budzinski defended a business and independent contractor working in that facility in a premises liability case venued in Green Bay. A customer slipped and...Read More »


HAGENOW v. M.D.

HAGENOW v. M.D.
Verdict Date: 01/24/14
Case No: 11-CV-698
State of Wisconsin/Circuit Court/Manitowoc County
Medical Malpractice
Jury Trial

In January of 2014, Mark Budzinski successfully defended a general surgeon in a medical malpractice case alleging negligence in performance of a mediastinoscopy. During a mediastinoscopy to stage the plaintiff’s...Read More »


KASPER, ET AL. v. INSURANCE COMPANY, ET AL.

KASPER, ET AL. v. INSURANCE COMPANY, ET AL.
Decision Date: 01/20/14
Case No: 11-CV-001210
State of Wisconsin/Circuit Court/Marathon County
Jury Trial – Lead Counsel

In this case, the Corneille Law Group successfully defended a hospital against allegations that a visitor’s fall was caused by an unsafe condition at the hospital. Specifically,...Read More »


WILKE v. M.D.

WILKE v. M.D.
Verdict Date: 01/15/14
Case No: 11-CV-1897
State of Wisconsin/Circuit Court/Outagamie County
Medical Malpractice
Jury Trial

In an 8-day trial in January of 2014, Mark Budzinski defended a difficult LASIK surgical case against a self-proclaimed plaintiff’s LASIK attorney from New York. Plaintiffs alleged the defendant physician...Read More »


MEYERS, ET AL. v. M.D.

MEYERS, ET AL. v. M.D.
Decision Date: 09/06/13
Case No: 12-CV-000026
State of Wisconsin/Circuit Court/Forest County
Jury Trial – Lead Counsel

In this wrongful death case, the Corneille Law Group successfully defended a cardiothoracic surgeon against allegations that the surgeon negligently performed a complex heart surgery. In particular, the Plaintiff alleged that...Read More »


MARTIN v. M.D. and INSURANCE COMPANY, ET AL.

MARTIN v. M.D. AND INSURANCE COMPANY, ET AL.
Decision Date: 09/15/13
Case No: 09-CV-3725
State of Wisconsin/Circuit Court/Dane County
Jury Trial

In this medical negligence case, CLG successfully defended an anesthesiologist who performed radiofrequency ablation on a patient who suffered head drop following the procedure. Plaintiffs claimed the physician negligently performed...Read More »


JORDON, ET AL. v. INSURANCE COMPANY, ET AL.

JORDON, ET AL. v. INSURANCE COMPANY, ET AL.
Decision Date: 09/05/12
Case No: 11-CV-00463
Federal Court/Western District of Wisconsin
Jury Trial – Lead Counsel

In this Federal Court case, the Corneille Law Group successfully defended a building owner against allegations that a patron’s fall was caused by the defective construction of...Read More »


STEELE, ET AL. v. INSURANCE COMPANY, ET AL.

STEELE, ET AL. v. INSURANCE COMPANY, ET AL.
Decision Date: 06/20/12
Case No: 09-CV-1137
State of Wisconsin/Circuit Court/Rock County
Jury Trial – Lead Counsel

In this case, the Corneille Law Group successfully defended the driver of a motor vehicle in a lawsuit arising from a rear-end collision with a motorcycle. The...Read More »


VANDER GEEST v. INSURANCE COMPANY, ET AL.

VANDER GEEST v. INSURANCE COMPANY, ET AL.
Decision Date: 05/02/12
Case No: 10-CV-2640
State of Wisconsin/Circuit Court/Rock County
Jury Trial – Lead Counsel

In this case, the Corneille Law Group successfully defended a driver alleged to have injured the Plaintiff in a motor vehicle accident. The Plaintiff claimed to have incurred...Read More »


HERMANSON, ET AL. v. INSURANCE COMPANY, ET AL.

HERMANSON, ET AL. v. INSURANCE COMPANY, ET AL.
Decision Date: 08/02/2011
Case No. 01-CV-761
State of Wisconsin/Circuit Court/Dane County
Jury Trial – Lead Counsel

In this case, the Corneille Law Group successfully defended the driver of a motor vehicle who collided with an oncoming vehicle when attempting to turn left in...Read More »


LANNEFELD v. INSURANCE COMPANY, ET AL.

LANNEFELD v. INSURANCE COMPANY, ET AL.
Decision Date: 07/05/2011
Case No. 10-CV-951
State of Wisconsin/Circuit Court/Rock County
Jury Trial – Lead Counsel

In this case, Corneille Law Group successfully defended the driver of a motor vehicle in a lawsuit arising from a rollover motor vehicle accident. Plaintiff, who was a passenger in...Read More »


PEARSALL, ET AL. v. INSURANCE COMPANY, ET AL.

PEARSALL, ET AL. v. INSURANCE COMPANY, ET AL.
Decision date: 05/06/2011
Case No. 09-CV-083
State of Wisconsin/Circuit Court/Adams
Jury Trial – Lead Counsel

In this case, the Corneille Law Group successfully defended one of two families accused of clearing a road across Plaintiffs’ property and engaging in other harassing behavior. Defendants...Read More »


JACKSON v. HARDWARE STORE, ET AL.

JACKSON v. HARDWARE STORE, ET AL.
Decision Date: 05/17/10
Case No: 08-CV-2516
State of Wisconsin/Circuit Court/Rock County
Jury Trial – Lead Counsel

In this case, the Corneille Law Group successfully defended a hardware store and one of its employees in a lawsuit brought by a store patron. The patron claimed that...Read More »


EVANS v. INSURANCE COMPANY, ET AL.

EVANS v. INSURANCE COMPANY, ET AL.
Decision Date: 02/24/10
Case No: 07-CV-664
State of Wisconsin/Circuit Court/Sauk County
Jury Trial – Lead Counsel

In this case, the Corneille Law Group successfully defended the driver of a motor vehicle who collided with Plaintiff’s vehicle when pulling out of a gas station into traffic....Read More »


TIMMERMAN v. INSURANCE COMPANY, ET AL.

TIMMERMAN v. INSURANCE COMPANY, ET AL.
Decision Date: 02/17/10
Case No: 08-CV-697
State of Wisconsin/Circuit Court/Grant County
Jury Trial – Lead Counsel

In this case, the Corneille Law Group successfully defended the driver of a motor vehicle who rear-ended another vehicle. Both vehicles were a total loss as a result of...Read More »


NORTH SQUARE ASSOC., LLP v. GENERAL CONTRACTOR, ET AL.

NORTH SQUARE ASSOC., LLP v. GENERAL CONTRACTOR, ET AL.
Resolution date: 07/08/2009
Case No. 07-CV-2751
State of Wisconsin/Circuit Court/Dane County
Jury Trial – Second Chair Counsel

In this construction case, the Corneille Law Group defended a general contractor who was sued by the owner of a large commercial building.  The building...Read More »


TRAUTSCH v. HOSPITAL

TRAUTSCH v. HOSPITAL
Decision date: 04/21/09
Case No. 08-CV-1586
State of Wisconsin/Circuit Court/Dane County
Jury Trial – Second Chair Counsel

In this medical negligence case, the Corneille Law Group successfully defended a physical therapist and physiatrist against allegations that the Plaintiff injured his back during physical therapy.  The Plaintiff had recently...Read More »


MEYER, ET AL. v. INSURANCE COMPANY

MEYER, ET AL. v. INSURANCE COMPANY
Decision date: 05/28/08
Case No. 07-CV-2274
State of Wisconsin/Circuit Court/Dane County
Jury Trial – Lead Counsel

In this Dane County case, Corneille Law Group successfully defended a driver alleged to have injured the Plaintiff in a motor vehicle accident. Specifically, Plaintiff claimed to have incurred...Read More »


LIPINSKI v. M.D.

LIPINSKI v. M.D.
Decision date: 11/02/07
Case No. 05-CV-70
State of Wisconsin/Circuit Court/Buffalo County
Jury Trial – Second Chair Counsel

In this personal injury case, Corneille Law Group successfully defended a physician in a case where it was alleged that he failed to properly assess the Plaintiff’s condition at the time...Read More »


STATE AUTO INSURANCE COMPANY v. INSURANCE COMPANY

STATE AUTO INSURANCE COMPANY v. INSURANCE COMPANY
Decision date: 01/04/07
Case No. 05-CV-85
State of Wisconsin/Circuit Court/Lafayette County
Jury Trial – Lead Counsel

In this insurance coverage case, the Corneille Law Group successfully argued that an individual who caused extensive property damage after driving a borrowed vehicle into the living room...Read More »