Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau
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2023 WI 42 SUPREME COURT OF WISCONSIN CASE NO.: 2021AP635 COMPLETE TITLE: Pepsi-Cola Metropolitan Bottling Company, Inc., Plaintiff-Appellant, v. Employers Insurance Company of Wausau, Defendant-Respondent-Petitioner. 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 OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: May 24, 2023 March 15, 2023 Circuit Waukesha Ralph M. Ramirez JUSTICES: Per curiam. NOT PARTICIPATING: BRIAN HAGEDORN, J., withdrew from participation. ANNETTE KINGSLAND ZIEGLER, C.J., did not participate. ATTORNEYS: 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. 2 2023 WI 42 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2021AP635 (L.C. No. 2019CV1307) STATE OF WISCONSIN : IN SUPREME COURT Pepsi-Cola Metropolitan Bottling Company, Inc., FILED Plaintiff-Appellant, MAY 24, 2023 v. Employers Insurance Company of Wausau, Sheila T. Reiff Clerk of Supreme Court Defendant-Respondent-Petitioner. REVIEW of a decision of the Court of Appeals. ¶1 PER CURIAM. Employers Insurance Affirmed. Company of Wausau (Wausau) petitioned for review of a court of appeals decision, Pepsi-Cola Metropolitan Insurance of N.W.2d 627, Wausau, which Bottling 2022 reversed WI a Company, App 45, circuit Inc. 404 court v. Employers Wis. 2d 337, order 979 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 the mandate, decision of the court of appeals affirmed. ¶2 BRIAN HAGEDORN, J., withdrew from participation. is No. ¶3 2021AP635 ANNETTE KINGSLAND ZIEGLER, C.J., did not participate. 2 No. 1 2021AP635
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