Opinion
2021AP635
05-24-2023
Pepsi-Cola Metropolitan Bottling Company, Inc., Plaintiff-Appellant v. Employers Insurance Company of Wausau, Defendant-Respondent-Petitioner.
For the defendant-respondent-petitioner, there were briefs filed by Michael J. Cohen, Pamela J. Tillman, James M. Sosnoski, Caleb R. Gerbitz, and Meisser, Tierney, Fisher & Nichols, S.C., Milwaukee. There was an oral argument by Michael J. Cohen. For the plaintiff-appellant, there was a brief filed by Lee M. Seese, Kimberly A. Streff, and Michael Best & Friedrich, LLP, Milwaukee, and Jeffrey S. Raskin, David S. Cox, David B. Salmons, Brendan J. Anderson and Morgan, Lewis & Bockius, LLP, San Francisco, Los Angeles, and Washington D.C. There was an oral argument by David B. Salmons. An amicus curiae brief was filed by Heidi L. Vogt, Janet E. Cain and von Briesen & Roper, s.c., Milwaukee, for the Complex Insurance Claims Litigation Association. An amicus curiae brief was filed by Raj Patel, Robert J. Gilbert, Michael L. Huggins, and Latham & Watkins, LLP, Chicago, Boston, and San Diego, for Wisconsin Manufacturers & Commerce and Emerson Electric Company. An amicus curiae brief was filed by James A. Friedman, Daniel C.W. Narvey, and Godfrey & Kahn, S.C., Madison, for the Wisconsin Insurance Alliance.
Submitted on Briefs: ORAL ARGUMENT: March 15, 2023
REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 404 Wis.2d 337, 979 N.W.2d 627 PDC No: 2022 WI.App. 45
Circuit Court Waukesha County, (L.C. No. 2019CV1307) Ralph M. Ramirez Judge
For the defendant-respondent-petitioner, there were briefs filed by Michael J. Cohen, Pamela J. Tillman, James M. Sosnoski, Caleb R. Gerbitz, and Meisser, Tierney, Fisher & Nichols, S.C., Milwaukee. There was an oral argument by Michael J. Cohen.
For the plaintiff-appellant, there was a brief filed by Lee M. Seese, Kimberly A. Streff, and Michael Best & Friedrich, LLP, Milwaukee, and Jeffrey S. Raskin, David S. Cox, David B. Salmons, Brendan J. Anderson and Morgan, Lewis & Bockius, LLP, San Francisco, Los Angeles, and Washington D.C. There was an oral argument by David B. Salmons.
An amicus curiae brief was filed by Heidi L. Vogt, Janet E. Cain and von Briesen & Roper, s.c., Milwaukee, for the Complex Insurance Claims Litigation Association.
An amicus curiae brief was filed by Raj Patel, Robert J. Gilbert, Michael L. Huggins, and Latham & Watkins, LLP, Chicago, Boston, and San Diego, for Wisconsin Manufacturers & Commerce and Emerson Electric Company.
An amicus curiae brief was filed by James A. Friedman, Daniel C.W. Narvey, and Godfrey & Kahn, S.C., Madison, for the Wisconsin Insurance Alliance.
PER CURIAM.
¶ 1 Employers Insurance Company of Wausau (Wausau) petitioned for review of a court of appeals decision, Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance of Wausau, 2022 WI.App. 45, 404 Wis.2d 337, 979 N.W.2d 627, which reversed a circuit court order granting summary judgment for Wausau and denying partial summary judgment for Pepsi. No three justices reach agreement to either affirm, reverse, or affirm in part and reverse in part the court of appeals decision. Because the court did not reach a majority as to the mandate, the decision of the court of appeals is affirmed.
¶ 2 BRIAN HAGEDORN, J., withdrew from participation.
¶ 3 ANNETTE KINGSLAND ZIEGLER, C.J., did not participate.