In a rare occasion, Attorney Brent Jacobson recently appeared before the Wisconsin Supreme Court to argue several issues of new law in the State of Wisconsin, known as issues of first impression. Issues of first impression involve areas of the law that have yet to be decided in Wisconsin.
Attorney Jacobson regularly appears in court on behalf of the Wisconsin state high school athletic association (WIAA). In the case of Hayden Halter v. Wisconsin Interscholastic Athletic Association, the Wisconsin Supreme Court was asked to consider whether the WIAA is a government entity, subject to judicial review of disciplinary decisions as applied to student-athletes. The Court was also asked to clarify the breadth of judicial review in cases involving voluntary associations when claims are asserted by non-member student athletes. Specifically, the Court was asked to decide whether judicial review should be limited to claims that include the alleged deprivation of a personal or property right or whether review should extend to other cases where the claim is that the association has acted arbitrarily or unreasonable. In other words, the Court was asked to decide if judicial review should only apply to cases where someone’s personal or property rights are at risk, or if it should also apply to cases where the claim is that an organization acted unfairly or unreasonably.
The Wisconsin Supreme Court accepts a very limited number of requests to review cases from lower courts. The case was argued in October and stems from a five year ongoing lawsuit. A written opinion will follow.
