benefits clause (Wisconsin) · Go Syfert
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benefits clause in Wisconsin

8 Wisconsin opinions name it 2 courts 1933–2020 0 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
United Steelworkers of America, Afl-Cio-Clc, and United Steelworkers of America, Local Union 15271 v. Danly MacHine Corporationgreen
ca7 · 1988 · cited in 2 Wisconsin opinions naming this issue, 1994–1994
2 sentences

1994Corp., 852 F.2d 1024, 1026 (7th Cir. 1988), the arbitrator ordered the employer "to pay grievant [sickness and accident] benefits in accordance with the above opinion." The employee, however, was unable to complete a benefits claim form because he was not under a treating physician's care.

1994Corp., 852 F.2d 1024, 1026 (7th Cir. 1988), the arbitrator ordered the employer "to pay grievant [sickness and accident] benefits in accordance with the above opinion." The employee, however, was unable to complete a benefits claim form because he was not under a treating physician's care.

22
Warehouse II, LLC v. State Department of Transportationgreen
wis · 2006 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
1 sentence

2020See Warehouse II, 291 Wis. 2d 80, ¶4 . ¶9 The castle doctrine, codified by WIS.

11
Jackson v. Bensongreen
· 1998 · cited in 1 Wisconsin opinions naming this issue, 2009–2009
2 sentences

2009Jackson, 218 Wis.2d at 875 , 578 N.W.2d 602 . ¶ 122 Again, if it is unconstitutional for a court to adjudicate a claim for discrimination by a lay teacher against a Catholic school, as the majority holds here, surely the amended MPCP's provision requiring participating schools to comply with nondiscrimination laws must then also be unconstitutional. ¶ 123 Likewise, the majority's decision endangers our holding in Jackson v. Benson under the benefits clause in Article I, Section 18 of the Wisconsin Constitution.

2009Jackson, 218 Wis.2d at 875 , 578 N.W.2d 602 . ¶ 122 Again, if it is unconstitutional for a court to adjudicate a claim for discrimination by a lay teacher against a Catholic school, as the majority holds here, surely the amended MPCP's provision requiring participating schools to comply with nondiscrimination laws must then also be unconstitutional. ¶ 123 Likewise, the majority's decision endangers our holding in Jackson v. Benson under the benefits clause in Article I, Section 18 of the Wisconsin Constitution.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State ex rel. Weiss v. District Board of School District No. Eight green
· 1890
2 sentences

2009Bd., 76 Wis. 177 , 44 N.W. 967 (1890) (public funds may not be used to fund a school that requires students to read from the Bible). ¶ 124 Thus, just as with the above analysis under the second prong of the Lemon test, the majority's characterization of facts that religion is central to every part of CCS's curriculum, see, e.g., majority op., ¶¶ 5, 72, 73, 75-77, and, by extension, any other Catholic or otherwise religious school, likewise jeopardizes our holding in Jackson v. Benson that the amended MPCP does not violate the benefits clause in Article I, Section 18. ¶ 125 Finally, the majorit

2009Bd., 76 Wis. 177 , 44 N.W. 967 (1890) (public funds may not be used to fund a school that requires students to read from the Bible). ¶ 124 Thus, just as with the above analysis under the second prong of the Lemon test, the majority's characterization of facts that religion is central to every part of CCS's curriculum, see, e.g., majority op., ¶¶ 5, 72, 73, 75-77, and, by extension, any other Catholic or otherwise religious school, likewise jeopardizes our holding in Jackson v. Benson that the amended MPCP does not violate the benefits clause in Article I, Section 18. ¶ 125 Finally, the majorit

12009–2009
Geis v. Hirth green
wis · 1966
2 sentences

1975Geis v. Hirth (1966), 32 Wis. 2d 580, 586 , 146 N. W. 2d 459 ; Gage v. Seal (1967), 36 Wis. 2d 661 , 154 N. W. 2d 354 , 155 N. W. 2d 557 .

1975Geis v. Hirth (1966), 32 Wis. 2d 580, 586 , 146 N. W. 2d 459 ; Gage v. Seal (1967), 36 Wis. 2d 661 , 154 N. W. 2d 354 , 155 N. W. 2d 557 .

11975–1975
Gage v. Seal green
wis · 1967
2 sentences

1975Geis v. Hirth (1966), 32 Wis. 2d 580, 586 , 146 N. W. 2d 459 ; Gage v. Seal (1967), 36 Wis. 2d 661 , 154 N. W. 2d 354 , 155 N. W. 2d 557 .

1975Geis v. Hirth (1966), 32 Wis. 2d 580, 586 , 146 N. W. 2d 459 ; Gage v. Seal (1967), 36 Wis. 2d 661 , 154 N. W. 2d 354 , 155 N. W. 2d 557 .

11975–1975
Atchison, Topeka & Santa Fe Railway Co. v. Public Utilities Commission green
scotus · 1953
1 sentence

1969Atchison, Topeka & S. F. Ry. v. Public Utilities Comm. (1953), 346 U. S. 346 , 74 Sup. Ct. 92, 98 L.

11969–1969
Ryan v. Zweck-Wollenberg Co. green
wis · 1954
2 sentences

1963The three elements of res ipsa loquitur, as defined in Ryan v. Zweck-Wollenberg Co. (1954), 266 Wis. 630 , 64 N. W. (2d) 226 , that must be present before the application of the doctrine, are: (1) The accident must be of a kind which ordinarily does not occur in the absence of someone’s negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; (3) it must not have been due to any voluntary action or contribution on the part of the plaintiff.

1963The three elements of res ipsa loquitur, as defined in Ryan v. Zweck-Wollenberg Co. (1954), 266 Wis. 630 , 64 N. W. (2d) 226 , that must be present before the application of the doctrine, are: (1) The accident must be of a kind which ordinarily does not occur in the absence of someone’s negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; (3) it must not have been due to any voluntary action or contribution on the part of the plaintiff.

11963–1963
Stahl v. Broeckert neutral
wis · 1918
2 sentences

1933This being true, the granting of this order constituted error under the doctrine of Stahl v. Broeckert, 167 Wis. 113 , 166 N. W. 653 .

1933This being true, the granting of this order constituted error under the doctrine of Stahl v. Broeckert, 167 Wis. 113 , 166 N. W. 653 .

11933–1933

Where else courts name it

CA 46 (1938–2026) TX 45 (1913–2025) FL 20 (1966–2025) WA 20 (1972–2026) NY 20 (1886–2025) VT 17 (1999–2026) IL 13 (1975–2013) CT 13 (1992–2019) MO 12 (1976–2023) CO 11 (1899–2023) NJ 11 (1961–2025) LA 10 (1978–2015) IN 10 (1972–2003) MS 10 (1998–2022) VA 9 (1993–2025) IA 8 (1928–2019) GA 8 (1931–2014) WI 8 (1933–2020) PA 7 (1982–2009) AL 7 (1980–2007) NM 7 (1942–2023) OH 7 (1989–2013) MA 6 (1973–2016) MT 6 (1938–2014) MD 5 (1990–2019) AZ 5 (1976–1993) DC 4 (1969–2017) SD 4 (1911–2006) WY 4 (1980–2014) WV 4 (1952–2021) MN 4 (1986–1990) KY 4 (1923–2026) MI 4 (1989–2022) NC 4 (1960–2000) OR 4 (1946–2020) OK 3 (1932–1995) NE 3 (1942–2018) ID 3 (1996–2020) ME 3 (1980–2009) UT 3 (1988–2013) ND 2 (1898–1990) NH 2 (1978–2002) AK 2 (1989–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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