BANUELOS v. UNIVERSITY OF WISCONSIN HOSP.

No. 2020AP1582.

988 N.W.2d 627 (2023)

406 Wis.2d 439

2023 WI 25

Beatriz BANUELOS, Plaintiff-Appellant, v. UNIVERSITY OF WISCONSIN HOSPITALS AND CLINICS AUTHORITY, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: April 4, 2023.


Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, there were briefs filed by Daniel A. Manna , Jay P. Lefkowitz, P.C., Gilad Bendheim, Kelsey Davis , and Gass Turek LLC, Milwaukee, and Kirkland & Ellis LLP, New York City. There was an oral argument by Jay P. Lefkowitz, P.C.

For the plaintiff-appellant, there was a brief filed by Jesse B. Blocher , Peter M. Young , Corey G. Lorenz , and Habush, Habush, & Rottier, S.C., Waukesha. There was an oral argument by Jesse B. Blocher.

An amicus curiae brief was filed by Daniel E. Conley , Matthew J. Splitek , Alexandra W. Shortridge , and Quarles & Brady LLP, Milwaukee, for Aurora Health Care, Inc.

An amicus curiae brief was filed by Scott E. Rosenow and WMC Litigation Center, Madison, for the Wisconsin Civil Justice Council, Inc.

An amicus curiae brief was filed by Brett A. Eckstein , Edward E. Robinson , Brian D. Anderson , and Cannon & Dunphy, S.C., Brookfield, and Everson, Whitney, Everson & Brehm, S.C., Green Bay, for the Wisconsin Association for Justice and Wisconsin Defense Counsel.

An amicus curiae brief was filed by Sara J. MacCarthy , Stephane P. Fabus , Heather D. Mogden , and Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee, for the Wisconsin Hospital Association, Inc., the Wisconsin Medical Society, Inc., the Wisconsin Dental Association, Inc., LeadingAge Wisconsin, Inc., the Rural Wisconsin Health Cooperative, the Wisconsin Health Care Association/Wisconsin Center for Assisted Living, and the Wisconsin Health Information Management Association, Inc.

An amicus curiae brief was filed by Susan E. Lovern , Christopher E. Avallone , and von Briesen & Roper, S.C., Milwaukee, for the Association of Health Information Outsourcing Services.

ANN WALSH BRADLEY, J., delivered the majority opinion of the Court, in which DALLET, HAGEDORN, and KAROFSKY, JJ., joined. ROGGENSACK, J., filed a dissenting opinion. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ZIEGLER, C.J., and ROGGENSACK, J., joined.


¶1 The petitioner, University of Wisconsin Hospitals and Clinics Authority (UW Hospitals), seeks review of a published court of appeals opinion reversing and remanding the circuit court's dismissal of Beatriz Banuelos's complaint for failure to state a claim upon which relief can be granted.1

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