Yasmine Clark v. American Cyanamid Company
Annotate this Case
Download PDF
2016 WI 24 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2014AP775 Yasmine Clark a Minor, by her Guardian ad Litem, Susan M. Gramling, Plaintiff-Respondent, v. American Cyanamid Company, Armstrong Containers. Inc., E.I. Dupont De Nemours and Company, Atlantic Richfield Company and The SherwinWilliams Company, Defendants-Appellants, Milwaukee County Department of Health and Human Services and NL Industries, Inc., Defendants. ON CERTIFICATION FROM THE COURT OF APPEALS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: April 15, 2016 April 5, 2016 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee David A. Hansher JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: BRADLEY, R. G., J. did not participate. ATTORNEYS: For the defendants-appellants, there were briefs by Jeffrey K. Spoerk, James E. Goldschmidt and Quarles & Brady LLP, Milwaukee, and Leon F. DeJulius, Jr., Charles H. Moellenberg, Jr. and Jones Day, Pittsburgh, PA. Oral argument by Leon F. DeJulius, Jr. For the plaintiff-respondent, there was a brief by Peter G. Earle and the Law Office of Peter Earle, LLC, Milwaukee and Jonathan Orent, Fidelma Fitzpatrick and Motely Rice, LLC, Providence, RI, and oral argument by Peter G. Earle and Fidelma Fitzpatrick. There was an amicus curiae brief by Brad Schimel, attorney general, Misha Tseytlin, solicitor general, Luke N. Berg, deputy solicitor general and Amy C. Miller, staff attorney, and the Wisconsin Department of Justice. for the defendants-appellants. 2 Oral Argument by Luke N. Berg 2016 WI 24 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2014AP775 (L.C. No. 2006CV012653) STATE OF WISCONSIN : IN SUPREME COURT Yasmine Clark a Minor, by her Guardian ad Litem, Susan M. Gramling, Plaintiff-Respondent, v. American Cyanamid Company, Armstrong Containers. Inc., E.I. Dupont De Nemours and Company, Atlantic Richfield FILED APR 15, 2016 Company and The Sherwin-Williams Company, Diane M. Fremgen Clerk of Supreme Court Defendants-Appellants, Milwaukee County Department of Health and Human Services and NL Industries, Inc., Defendants. APPEAL from an order of the Circuit Court for Milwaukee County, David. A. Hansher, Judge. Order granting certification vacated and cause remanded to the Court of Appeals. ¶1 to affirm PER CURIAM. or reverse The court is equally divided on whether the decision of the circuit court for No. Milwaukee County. Chief Justice Patience Drake 2014AP775 Roggensack, Justice Shirley S. Abrahamson, and Justice Ann Walsh Bradley would affirm. Kingsland Justice Ziegler, David and T. Justice Prosser, Michael Justice J. Annette Gableman would reverse. Justice Rebecca G. Bradley did not participate. ¶2 This court accepted jurisdiction over this appeal upon certification by the court of appeals. Wis. Stat. § 809.61 (2013-14) ("The supreme court may take jurisdiction of an appeal or other proceeding in the court of appeals upon certification by the court of appeals or upon the supreme court's own motion."). We have often stated that when a tie vote occurs in this court on a bypass or certification, "justice is better served in such an instance by remanding to the court of appeals for their consideration." New Richmond News v. City of New Richmond, 2015 WI 106, ¶2, 365 Wis. 2d 610, 875 N.W.2d 107 (per curiam) (quoting Wis. 2d 395, State 396-97, v. 528 Richard N.W.2d 430 Knutson, (1995) Inc., (per 191 curiam) (remanding to court of appeals on a tie vote on certification)). ¶3 Accordingly, we vacate our order granting certification and remand to the court of appeals. By the Court.—The order granting certification is vacated and the cause is remanded to the court of appeals. ¶4 REBECCA G. BRADLEY, J., did not participate. 2 No. 1 2014AP775
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
