application of the discovery rule (Wisconsin) · Go Syfert
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application of the discovery rule in Wisconsin

7 Wisconsin opinions name it 2 courts 1991–2015 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 (1)

CaseFollowedCited
Gross v. Hoffmangreen
wis · 1938 · cited in 1 Wisconsin opinions naming this issue, 1999–1999
2 sentences

1999Cf. Gross v. Hoffman, 227 Wis. 296, 300 , 277 N.W. 663, 665 (1938) (holding that if a decision on one point disposes of an appeal, the appellate court need not decide other issues raised). 7 See supra n.2. 8 In addition, we see limited relevance to reports written by the Office that involve suggested docketing practices in Rock and Clark Counties, comities significantly smaller than Milwaukee County. 9 Further, we observe that the twenty-four hour rule must have been only a suggested practice and not a statutory interpretation because the "rule" would be certain to be violated over weekends an

1999Cf. Gross v. Hoffman, 227 Wis. 296, 300 , 277 N.W. 663, 665 (1938) (holding that if a decision on one point disposes of an appeal, the appellate court need not decide other issues raised). 7 See supra n.2. 8 In addition, we see limited relevance to reports written by the Office that involve suggested docketing practices in Rock and Clark Counties, comities significantly smaller than Milwaukee County. 9 Further, we observe that the twenty-four hour rule must have been only a suggested practice and not a statutory interpretation because the "rule" would be certain to be violated over weekends an

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 (8)

CaseCitedYears
Employers Insurance of Wausau v. Smith green
wis · 1990
2 sentences

2015In the absence of a legislatively created rule to the contrary, claims accrue when there is a "claim capable of present enforcement, a suable party against whom it may be enforced, and a party who has a present right to enforce it." Emp'rs Ins. of Wausau v. Smith, 154 Wis. 2d 199, 231 , 453 N.W.2d 856 (1990) (quoting Barry v. Minahan, 127 Wis. 570, 573 , 107 N.W. 488 (1906)).

2015In the absence of a legislatively created rule to the contrary, claims accrue when there is a "claim capable of present enforcement, a suable party against whom it may be enforced, and a party who has a present right to enforce it." Emp'rs Ins. of Wausau v. Smith, 154 Wis. 2d 199, 231 , 453 N.W.2d 856 (1990) (quoting Barry v. Minahan, 127 Wis. 570, 573 , 107 N.W. 488 (1906)).

12015–2015
Barry v. Minahan green
wis · 1906
2 sentences

2015In the absence of a legislatively created rule to the contrary, claims accrue when there is a "claim capable of present enforcement, a suable party against whom it may be enforced, and a party who has a present right to enforce it." Emp'rs Ins. of Wausau v. Smith, 154 Wis. 2d 199, 231 , 453 N.W.2d 856 (1990) (quoting Barry v. Minahan, 127 Wis. 570, 573 , 107 N.W. 488 (1906)).

2015In the absence of a legislatively created rule to the contrary, claims accrue when there is a "claim capable of present enforcement, a suable party against whom it may be enforced, and a party who has a present right to enforce it." Emp'rs Ins. of Wausau v. Smith, 154 Wis. 2d 199, 231 , 453 N.W.2d 856 (1990) (quoting Barry v. Minahan, 127 Wis. 570, 573 , 107 N.W. 488 (1906)).

12015–2015
Kolpin v. Pioneer Power & Light Co. green
wis · 1991
1 sentence

2007Like the present case, Kolpin involved the application of the discovery rule in a lawsuit for damages to a dairy herd caused by stray voltage. 162 Wis. 2d at 7-8 .

12007–2007
Sawyer v. Midelfort green
wis · 1999
2 sentences

2005In Sawyer v. Midelfort, the plaintiffs sued for injuries they sustained in 1985, when they alleged that their daughter made false allegations that her parents sexually abused her. 227 Wis. 2d 124 , 595 N.W.2d 423 (1999).

2005In Sawyer v. Midelfort, the plaintiffs sued for injuries they sustained in 1985, when they alleged that their daughter made false allegations that her parents sexually abused her. 227 Wis. 2d 124 , 595 N.W.2d 423 (1999).

12005–2005
Borello v. U.S. Oil Co. green
wis · 1986
2 sentences

1998We note that no case has held that public policy could preclude the application of the general discovery rule as stated in Borello v. U.S. Oil Co., 130 Wis. 2d 397 , 388 N.W.2d 140 (1986).

1998We note that no case has held that public policy could preclude the application of the general discovery rule as stated in Borello v. U.S. Oil Co., 130 Wis. 2d 397 , 388 N.W.2d 140 (1986).

11998–1998
Yotvat v. Roth green
wisctapp · 1980
1 sentence

1995Id. at 362, 290 N.W.2d at 528 .

11995–1995
Renner v. Madison General Hospital green
wisctapp · 1989
2 sentences

1995Id. at 889-90 , 447 N.W.2d at 99 .

1995Id. at 889-90 , 447 N.W.2d at 99 .

11995–1995
Hansen v. AH Robins, Inc. green
wis · 1983
2 sentences

1991Robins Co., Inc., 113 Wis. 2d 550, 335 N.W.2d 578 (1983), and its progeny which developed the application of the discovery rule to Wisconsin jurisprudence.

1991Robins Co., Inc., 113 Wis. 2d 550, 335 N.W.2d 578 (1983), and its progeny which developed the application of the discovery rule to Wisconsin jurisprudence.

11991–1991

Statutes the citing opinions construe

WI § Wis. Stat. § 893.54 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 86 (1981–2026) IL 43 (1975–2025) PA 33 (1985–2025) NJ 28 (1978–2025) CA 26 (1998–2022) WA 15 (1983–2020) OH 13 (1983–2020) IA 12 (1981–2023) WV 11 (1965–2017) MS 11 (2002–2020) UT 10 (1990–2024) MD 10 (1980–2016) TN 10 (1995–2024) MI 9 (1989–2018) LA 8 (1994–2017) OK 8 (1992–2021) IN 8 (1996–2016) NM 8 (2005–2024) WI 7 (1991–2015) SC 7 (1997–2016) ME 7 (1981–2018) RI 7 (1991–2023) WY 7 (2000–2018) AZ 6 (1988–2023) MA 6 (1993–2024) VI 6 (2002–2025) ND 5 (1999–2019) AK 4 (2002–2014) HI 4 (1967–2021) DC 4 (1979–1994) NH 4 (1977–2021) OR 3 (1993–2015) KS 2 (1995–1996) MT 2 (1988–2002) NE 2 (1997–2006)

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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