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2010 WI 94

SUPREME COURT
CASE NO.: COMPLETE TITLE:

OF

WISCONSIN

2009AP728 Wisconsin Medical Society, Inc. and David M. Hoffmann, M.D., Plaintiffs-Appellants, v. Michael L. Morgan, Defendant-Respondent. ON CERTIFICATION FROM THE COURT OF APPEALS

OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS:

July 20, 2010 April 15, 2010

Circuit Dane Michael Nowakowski

ABRAHAMSON, C.J., dissents (opinion filed). BRADLEY, J., joins dissent.

For court of Buchko, Madison,

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

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2010 WI 94
NOTICE
This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.

No.

2009AP728
2007CV4035)

(L.C. No.

STATE OF WISCONSIN Wisconsin Medical Society, Inc. and David M. Hoffmann, M.D., Plaintiffs-Appellants, v. Michael L. Morgan, Defendant-Respondent.

:

IN SUPREME COURT

FILED
JUL 20, 2010
A. John Voelker Acting Clerk of Supreme Court

APPEAL from an order of the Circuit Court for Dane County, Michael Nowakowski, Judge. Reversed and cause remanded.

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