926 SP Tort Law: Wisconsin Negligence Law - §001, Fall 2016

Categories: Torts

Instructor(s) Dykman, Charles

From the perspective of an experienced appellate court judge and using Wisconsin negligence law as its vehicle, this course will examine how appellate courts analyze judicial perecedent, policy, briefs, and arguments. The instructer, Judge Dykman, served on District IV or the Wisconsin Court of Appeals for 32 years. More specifically, the course will explore how changes were made in Wisconsin negligence analysis and how the different perspectives and reasoning methods of various justices contributed to practice in Wisconsin and it will also be useful to students practicing in other states because of the depth of analysis and practical insights that students will gain about appellate court methods and practice.

This year, Judge Dykman has filed a negligence brief amicus in the Wisconsin Supreme Court. If the court grants Judge Dykman’s motion and his motion for leave to orally argue the case, there might be an opportunity to attend oral argument. However, amici are not usually given the opportunity for oral argument. Either way, oral argument should be interesting. The case is Brenner v. National Casualty Co., 2015 WI App 85, 365 Wis.2d 476, 872 N.W.2d 124. Judge Dykman is aligned with neither side but is arguing that the court of appeals used the wrong analysis to reach its decision.

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