John McAdams v. Marquette University

Appeal Number 2017AP001240

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
08-08-2018
Remittitur
Comment: NRI returned via UPS 8/9/18

OCCD
SC
07-06-2018
Cites
383 Wis. 2d 358

OCCD
SC
07-06-2018
Cites
914 N.W.2d 708

OCCD
SC
07-06-2018
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Reversed and remanded Pages: 63
Written by: Kelly, Daniel
Abrahamson, Shirley S. Joined Dissenting Opinion
Ziegler, Annette K. Took No Part
Bradley, Ann Walsh Wrote Dissenting Opinion 24 pages.
Bradley, Rebecca Grassl Wrote Concurring Opinion 22 pages.
Kelly, Daniel Wrote Concurring Opinion 3 pages.
Order Text: THE DECISION OF THE COURT OF APPEALS IS REVERSED AND REMANDED WITH INSTRUCTIONS.

OCCD
SC
07-03-2018
Public Domain Citation
Comment: PDC No: 2018 WI 88

OCCD
SC
04-19-2018
Oral Argument
Comment: at 1:30 p.m.; Attorney Richard Esenberg for Pla-App; Attorney Ralph Weber for Def-Res

OCCD
SC
03-29-2018
Briefs Received At State Law Library

OCCD
SC
03-23-2018
Filed By: Andrew Hitt
Comment: Wisconsin Association of Independent Colleges & Universities (WAICU)

OCCD
SC
03-22-2018
Certificate of Filing by Mail
Comment: BAM 03/21/18; University Academic Senate of Marquette University

OCCD
SC
03-22-2018
Filed By: Amy MacArdy
Comment: University Academic Senate of Marquette University

OCCD
SC
03-22-2018
Filed By: Bryan Cahill
Comment: National Association of Manufacturers

OCCD
SC
03-22-2018
Motion to File Amicus/Non-Party Brief
Filed By: Amy MacArdy
Submit Date: 3-22-2018
Decision: (G) Grant
Decision Date: 3-22-2018
ORD that the motions are granted and the briefs are accepted for filing.
Ziegler, J., did not participate.
Comment: University Academic Senate of Marquette University

OCCD
SC
03-21-2018
Motion to File Amicus/Non-Party Brief
Filed By: Bryan Cahill
Submit Date: 3-22-2018
Decision: (G) Grant
Decision Date: 3-22-2018
ORD that the motions are granted and the briefs are accepted for filing.
Ziegler, J., did not participate.
Comment: National Association of Manufacturers

OCCD
SC
03-20-2018
Motion to File Amicus/Non-Party Brief
Filed By: Andrew Hitt
Submit Date: 3-20-2018
Decision: (G) Grant
Decision Date: 3-23-2018
IT IS ORDERED that the motion is granted and the brief is accepted for filing.
Comment: Wisconsin Association of Independent Colleges & Universities (WAICU)

OCCD
SC
03-19-2018
Briefs Received At State Law Library

OCCD
SC
03-14-2018
Rejected Electronic Document
Comment: Amicus Brief of Marquette Alumnus J.D. not accepted per March 13, 2018 court order.

OCCD
SC
03-07-2018
Filed By: Thomas Shriner
Comment: Corrected Brief of Amicus Curiae Association of Jesuit Colleges and Universities in Support of Marquette University

OCCD
SC
03-07-2018
Motion for Miscellaneous Relief
Filed By: Thomas Shriner
Submit Date: 3-7-2018
Decision: (G) Grant
Decision Date: 3-8-2018
ORD that the motion is granted and the corrected non-party brief is accepted for filing.
Ziegler, J., did not participate.
Comment: Substitute corrected amicus brief (Association of Jesuit Colleges and Universities)

OCCD
SC
03-07-2018
Rejected Electronic Document
Comment: Brief of Amicus Curiae- Thomas More Society - A corrected version of the brief has been e-filed and accepted. There is no need to respond to this rejection.

OCCD
SC
03-07-2018
Filed By: Andrew Bath
Comment: Thomas More Society

OCCD
SC
03-05-2018
Certificate of Filing by Mail
Comment: BAM 03/02/18; Metropolitan Milwaukee Association of Commerce (MMAC)

OCCD
SC
03-05-2018
Filed By: Michael Apfeld
Comment: Metropolitan Milwaukee Association of Commerce (MMAC)

OCCD
SC
02-28-2018
Filed By: James Troupis
Comment: National Association of Scholars; Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs.

OCCD
SC
02-28-2018
Motion to Extend Time
Filed By: Michael Apfeld
Submit Date: 2-28-2018
Decision: (G) Grant
Decision Date: 2-28-2018
ORD that the motion for leave to file a non-party brief amicus curiae of the Thomas More Society is granted. Twenty-two copies of the brief shall be filed on or before March 9, 2018;
FRO that the motion for leave to file a non-party brief amicus curiae of the National Association of Scholars is granted and the brief is accepted for filing;
FRO that the motion for admission of Kenneth Chesebro pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys' appearing pro hac vice is attached to the moving party's order;
FRO that the motion for extension of time of Metropolitan Milwaukee Association of Commerce is granted. Metropolitan Milwaukee Association of Commerce's non-party brief shall be filed on or before March 2, 2018.
Ziegler, J., did not participate.
See BAM event due on 3-2-2018
Comment: Metropolitan Milwaukee Association of Commerce (MMAC)

OCCD
SC
02-28-2018
Brief of Amicus Curiae
Filed By: Aaron Wegrzyn
Comment: Association of Jesuit Colleges & Universities; Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs. CORRECTED VERSION OF BRIEF FILED 3/7/18

OCCD
SC
02-27-2018
Motion to File Amicus/Non-Party Brief
Filed By: James Troupis
Submit Date: 2-28-2018
Decision: (G) Grant
Decision Date: 2-28-2018
ORD that the motion for leave to file a non-party brief amicus curiae of the Thomas More Society is granted. Twenty-two copies of the brief shall be filed on or before March 9, 2018;
FRO that the motion for leave to file a non-party brief amicus curiae of the National Association of Scholars is granted and the brief is accepted for filing;
FRO that the motion for admission of Kenneth Chesebro pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys' appearing pro hac vice is attached to the moving party's order;
FRO that the motion for extension of time of Metropolitan Milwaukee Association of Commerce is granted. Metropolitan Milwaukee Association of Commerce's non-party brief shall be filed on or before March 2, 2018.
Ziegler, J., did not participate.
Comment: [National Association of Scholars, Edward J. Erler, Duek Pesta and Mark Zunac]

OCCD
SC
02-27-2018
Motion for Pro Hac Vice status
Filed By: James Troupis
Submit Date: 2-28-2018
Decision: (G) Grant
Decision Date: 2-28-2018
ORD that the motion for leave to file a non-party brief amicus curiae of the Thomas More Society is granted. Twenty-two copies of the brief shall be filed on or before March 9, 2018;
FRO that the motion for leave to file a non-party brief amicus curiae of the National Association of Scholars is granted and the brief is accepted for filing;
FRO that the motion for admission of Kenneth Chesebro pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys' appearing pro hac vice is attached to the moving party's order;
FRO that the motion for extension of time of Metropolitan Milwaukee Association of Commerce is granted. Metropolitan Milwaukee Association of Commerce's non-party brief shall be filed on or before March 2, 2018.
Ziegler, J., did not participate.
Comment: Kenneth Chesebro [National Association of Scholars, Edward J. Erler, Duek Pesta and Mark Zunac]

OCCD
SC
02-27-2018
Motion to File Amicus/Non-Party Brief
Filed By: Andrew Bath
Submit Date: 2-28-2018
Decision: (G) Grant
Decision Date: 2-28-2018
ORD that the motion for leave to file a non-party brief amicus curiae of the Thomas More Society is granted. Twenty-two copies of the brief shall be filed on or before March 9, 2018;
FRO that the motion for leave to file a non-party brief amicus curiae of the National Association of Scholars is granted and the brief is accepted for filing;
FRO that the motion for admission of Kenneth Chesebro pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys' appearing pro hac vice is attached to the moving party's order;
FRO that the motion for extension of time of Metropolitan Milwaukee Association of Commerce is granted. Metropolitan Milwaukee Association of Commerce's non-party brief shall be filed on or before March 2, 2018.
Ziegler, J., did not participate.
Comment: Thomas More Society

OCCD
SC
02-27-2018
E-Filing Certification
Comment: BAM; American Association of University Professors

OCCD
SC
02-27-2018
Filed By: Frederick Perillo
Comment: American Association of University Professors; Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs. Please note amended signature pages pursuant to Rule 802.05/809.19(1)(h) have been added to all briefs.

OCCD
SC
02-27-2018
Filed By: Ryan Walsh
Comment: State of Wisconsin

OCCD
SC
02-22-2018
Filed By: Bernardo Cueto
Comment: Law and University Professors and Academics; Note that the brief cover color has been corrected on this brief. Please see Rule 809.19(9) regarding requirements. When using staples please be sure to bind along the left side of the brief.

OCCD
SC
02-20-2018
Motion to File Amicus/Non-Party Brief
Filed By: Bernardo Cueto
Submit Date: 2-21-2018
Decision: (G) Grant
Decision Date: 2-21-2018
ORD that the motion is granted. Twenty-two copies of the brief with the correct front and back cover shall be filed on or before February 27, 2018.
Ziegler, J., did not participate.
Comment: Law and University Professors and Academics

OCCD
SC
02-20-2018
Motion to File Amicus/Non-Party Brief
Filed By: Michael Apfeld
Submit Date: 2-20-2018
Decision: (G) Grant
Decision Date: 2-20-2018
ORD that the motion is granted. Twnety=two copies of the brief shall be filed on or before February 27, 2018.
Ziegler, J., did not participate.
Comment: Metropolitan Milwaukee Association of Commerce (MMAC)

OCCD
SC
02-16-2018
Motion to File Amicus/Non-Party Brief
Filed By: Michael Dean
Submit Date: 2-16-2018
Decision: (D) Deny
Decision Date: 3-13-2018
ORD that the motion is denied.
Rebecca Grassl Bradley and Kelly, JJ., dissent
Ziegler, J., did not participate
Comment: Marquette Alumnus J.D.

OCCD
SC
02-14-2018
Motion to File Amicus/Non-Party Brief
Filed By: Frederick Perillo
Submit Date: 2-14-2018
Decision: (G) Grant
Decision Date: 2-14-2018
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before February 27, 2018.
Ziegler, J., did not participate
Comment: American Association of University Professors

OCCD
SC
02-12-2018
Attorney Change
Comment: Atty. Cueto replaces Atty. Dean as affiliated WI counsel for Atty. Mersino, admitted pro hac vice, for proposed amici, University Professors and Academics

OCCD
SC
02-09-2018
Motion for Miscellaneous Relief
Filed By: Michael Dean
Submit Date: 2-9-2018
Decision: (G) Grant
Decision Date: 2-12-2018
ORD that the motion is granted.
Ziegler, J., did not participate.
Comment: Motion to substitute counsel for AMI University Professors and Academics

OCCD
SC
02-05-2018
Motion to File Amicus/Non-Party Brief
Filed By: Thomas Shriner
Submit Date: 2-5-2018
Decision: (G) Grant
Decision Date: 2-7-2018
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before February 27, 2018.
Ziegler, J., did not participate.
Comment: Association of Jesuit Colleges and Universities

OCCD
SC
02-02-2018
Assigned-Oral Argument

OCCD
SC
01-31-2018
Fee Paid
Comment: Receipt No: 18R 000307; copy of appendix to applnt. brief emailed to Abby Willemssen, Research Librarian Fredrikson & Byron, P.A., 200 S. Sixth St., Ste. 4000, Minneapolis, MN 55402-1425

OCCD
SC
01-29-2018
Motion to File Amicus/Non-Party Brief
Filed By: Ryan Walsh
Submit Date: 1-29-2018
Decision: (G) Grant
Decision Date: 1-30-2018
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before February 27, 2018.
Ziegler, J., did not participate.
Comment: State of Wisconsin

OCCD
SC
01-19-2018
Court Changed to Supreme Court

OCCD
CA
01-19-2018
Hold Status

OCCD
CA
12-20-2017
Non-Electronic Record Item
Comment: Exhibit #1: Thumb Drive

OCCD
CA
12-18-2017
Supplement to Record
Comment: ELECTRONICALLY FILED: 142-1 to 144-1

OCCD
SC
12-07-2017
Motion for Miscellaneous Relief
Filed By: Ralph Weber
Submit Date: 12-7-2017
Decision: (G) Grant
Decision Date: 12-7-2017
ORD that the motion is granted and the response is accepted for filing.
Comment: Respondent Marquette University's motion to file response to non-party brief (FIRE)

OCCD
CA
12-05-2017
Motion to Correct/Supplement Record
Filed By: Ralph Weber
Submit Date: 12-5-2017
Decision: (G) Grant
Decision Date: 12-12-2017
ORD that the clerk of the circuit court shall include the above listed item in the appellate record no later than 10 days from the date of this order.

OCCD
CA
12-04-2017
Response
Comment: PER 11/30/17 CTO - 4 ADDTNL. COPIES AMICUS BRIEF IN SUPPORT OF BYP DUE

OCCD
SC
11-29-2017
Motion to File Amicus/Non-Party Brief
Filed By: Daniel Adams
Submit Date: 11-30-2017
Decision: (G) Grant
Decision Date: 11-30-2017
ORD the motion is granted and the brief is accepted for filing. However, pursuant to Wis. Stat. rule 809.82(1), the foundation shall file 4 additional copies of its non-party brief with the clerk if this court on or before December 8, 2017.
Comment: Foundation for Individual Rights in Education (FIRE) Brief in support of Pla-App-Pet John McAdams; 12/4/17 rcv'd. 4 addtnl. copies brief in support of petitioner and additional copies of motion via first class mail.

OCCD
CA
11-16-2017
Rejected Electronic Document
Comment: Amicus Brief of Law and University Professors and Academics. Motion to file amicus brief denied per 11/10/17 CTO.

OCCD
CA
11-06-2017
Reply Brief
Reply Brief
Filed By: Richard Esenberg

OCCD
CA
11-03-2017
Motion to File Amicus/Non-Party Brief
Filed By: Michael Dean
Submit Date: 11-6-2017
Decision: (D) Deny
Decision Date: 11-10-2017
ORD that the motion to file an amicus curiae brief is denied.
Comment: Law and University Professors and Academics

OCCD
SC
11-03-2017
Fee Paid
Comment: Receipt No: 17R 002683

OCCD
SC
11-03-2017
Petition to Bypass
Filed By: Richard Esenberg
Submit Date: 11-17-2017
Decision: (G) Grant
Decision Date: 1-19-2018
ORD the petition to bypass is granted and the appeal is accepted for consideration in this court; and
FRO that the briefs previously submitted by the parties to the court of appeals may stand as the parties' briefs in this court. The parties shall submit 17 additional copies of their briefs within 10 days of the date of this order. The parties will be notified of the date and time for oral argument in this appeal in due course.
ANNETTE KINGSLAND ZIEGLER, J., did not participate.
SHIRLEY S. ABRAHAMSON and ANN WALSH BRADLEY, J.J. (dissenting).
Motion Response
Filed By: Ralph Weber
Submit Date: 11-17-2017
Motion Response
Filed By: Daniel Adams
Submit Date: 12-4-2017
Motion Response
Filed By: Ralph Weber
Submit Date: 12-7-2017
Comment: DOES NOT STAY BRIEFING

OCCD
CA
11-01-2017
Motion for Pro Hac Vice status
Filed By: Michael Dean
Submit Date: 11-1-2017
Decision: (G) Grant
Decision Date: 11-2-2017
ORD that Attorney Erin Elizabeth Andrews is granted pro hac vice status to represent the Great Lakes Justice Center as may be appropriate in this appeal. Counsel should be aware that Dean, as sponsoring Wisconsin counsel, must appear in the action on appeal and must sign every paper that Andrews files in this court.
Comment: of Atty. Erin Elizabeth Mersino for Amicus Great Lakes Justice Center supporting Appellant

OCCD
CA
10-23-2017
Rejected Electronic Document
Comment: Appendices - Brief of Respondent - 4 Separate Versions of the appendix were e-filed. Please combine all sections and reload as a multi part document. E-fling the appendix is optional.

OCCD
CA
10-23-2017
Rejected Electronic Document
Comment: Appendices - Brief of Respondent - 4 Separate Versions of the appendix were e-filed. Please combine all sections and reload as a multi part document. E-fling the appendix is optional.

OCCD
CA
10-23-2017
Rejected Electronic Document
Comment: Appendices - Brief of Respondent - 4 Separate Versions of the appendix were e-filed. Please combine all sections and reload as a multi part document. E-fling the appendix is optional.

OCCD
CA
10-23-2017
Rejected Electronic Document
Comment: Appendices - Brief of Respondent - 4 Separate Versions of the appendix were e-filed. Please combine all sections and reload as a multi part document. E-fling the appendix is optional.

OCCD
CA
10-20-2017
Brief of Respondent(s)
Brief of Respondent
Filed By: Ralph Weber
Comment: Separate Appendix

OCCD
CA
09-11-2017
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Richard Esenberg

OCCD
CA
08-30-2017
Motion to Extend Time
Filed By: Thomas Kamenick
Submit Date: 8-31-2017
Decision: (G) Grant
Decision Date: 9-1-2017
IT IS ORDERED that the deadline for the appellant to file an opening brief is extended through September 11, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16). IT IS FURTHER ORDERED that the deadline for the respondent to file a brief is extended through October 20, 2017. See id.
See BAP event due on 9-11-2017

OCCD
CA
07-25-2017
Record
Comment: ELECTRONCIALLY FILED: 1-28 to 141-72

OCCD
CA
07-03-2017
Statement on Transcript
Filed By: Thomas Kamenick
Status: Prev. Filed

OCCD
CA
06-28-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
06-28-2017
Fee Paid
Comment: Receipt No: 17R 001519

OCCD
CA
06-28-2017
Notice of Appeal & Court Record

OCCD
CA
06-23-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
06-21-2017
Docketing Statement from Appellant

OCCD
CA
06-09-2017
Order of Circuit Court