WISCONSIN MEDICAL SOCIETY, INC. v. MORGAN

No. 2009AP728.

787 N.W.2d 22 (2010)

2010 WI 94

WISCONSIN MEDICAL SOCIETY, INC. and David M. Hoffmann, M.D., Plaintiffs-Appellants, v. Michael L. MORGAN, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 20, 2010.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (in the court of appeals) and a brief in the supreme court by Cynthia L. Buchko, Thomas M. Pyper, and Whyte Hirschboeck Dudek, S.C., Madison, and oral argument by Thomas M. Pyper.

For the defendant-respondent the cause was argued by Charlotte Gibson, assistant attorney general, and Christopher J. Blythe, assistant attorney general was on the brief (in the court of appeals) and a brief in the supreme court, with whom on the briefs was J.B. Van Hollen, attorney general.

An amicus curiae brief was filed by Peter L. Gardon, Jessica Hutson Polakowski, and Reinhart Boerner Van Deuren S.C., Madison, on behalf of the Wisconsin Academy of Family Physicians, the American Academy of Family Physicians, the Wisconsin Chapter of the American College of Physicians, the Milwaukee District Association of Osteopathic Physicians and Surgeons, and the American Medical Association.

An amicus curiae brief was filed by Anne Berleman Kearney and Appellate Consulting Group, Milwaukee, on behalf of the Wisconsin Hospital Association.

An amicus curiae brief was filed by William L. Shenkenberg, Michael Marx, Sean Lanphier, and Mallory & Zimmerman, S.C., Milwaukee, on behalf of the Medical College of Wisconsin.

An amicus curiae brief was filed by Michael B. Van Sicklen, Bree Grossi Wilde, and Foley & Lardner LLP, Madison, on behalf of Dean Health Systems, Inc., Marshfield Clinic and Gunderson Lutheran Health System, Inc.

An amicus curiae brief was filed by Lester A. Pines and Cullen, Weston, Pines & Bach LLP, Madison, on behalf of the Advocates for Medicaid Patients.

An amicus curiae brief was filed by Lynn R. Laufenberg and the Laufenberg Law Group, S.C., Milwaukee and by Dana J. Weis and Habush, Habush & Rottier, S.C., Rhinelander, on behalf of the Wisconsin Association for Justice, and oral argument by Dana J. Weis.


ON CERTIFICATION FROM THE COURT OF APPEALS

DAVID T. PROSSER, J.

¶ 1 This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).1 As part of the 2007-2009 state budget, 2007 Wis. Act 20 (the Act), the legislature transferred $200 million from the Injured Patients and Families Compensation Fund (the Fund) to the Medical Assistance Trust Fund (MATF). 2007 Wis...

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