PAPA v. WI DEPARTMENT OF HEALTH SERVICES

Nos. 2016AP2082 & 2017AP634.

946 N.W.2d 17 (2020)

2020 WI 66

Kathleen PAPA and Professional Homecare Providers, Inc., Plaintiffs-Respondents-Petitioners, v. WISCONSIN DEPARTMENT OF HEALTH SERVICES, Defendant-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: July 9, 2020.


Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners, there were briefs filed by Diane M. Welsh , Aaron G. Dumas , and Pines Bach LLP, Madison. There was an oral argument by Diane M. Welsh.

For the defendant-appellant, there was a brief filed by Steven C. Kilpatrick , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Steven C. Kilpatrick.

An amicus curiae brief was filed on behalf of Wisconsin Hospital Association, Inc., Wisconsin Medical Society, Inc., Wisconsin Dental Association, Inc., Pharmacy Society of Wisconsin, Inc., Wisconsin Health Care Association, Inc., Wisconsin Personal Services Association, Inc., and Leading Age Wisconsin, Inc. by Sarah E. Coyne , Matthew Splitek , James Goldschmidt , and Quarles & Brady LLP, Madison.

An amicus curiae brief was filed on behalf of Wisconsin Manufacturers and Commerce, Midwest Food Products Association, Wisconsin Farm Bureau Federation, Wisconsin Dairy Alliance, Outdoor Advertising Association of Wisconsin and Wisconsin Paper Council by Robert I. Fassbender and Great Lakes Legal Foundation, Madison.

ZIEGLER, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., and ANN WALSH BRADLEY and DALLET, JJ., joined, and in which REBECCA GRASSL BRADLEY and KELLY, JJ., joined except for ¶¶46-48; KELLY, J., filed an opinion concurring in part and dissenting in part, in which REBECCA GRASSL BRADLEY, J., joined.


¶1 This is a review of an unpublished decision of the court of appeals in two consolidated cases, Papa v. Wisconsin Department of Health Services, Nos. 2016AP2082 & 2017AP634, unpublished slip op., 2019 WL 3432512 (July 31, 2019), reversing the Waukesha County circuit

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