Johnson v. Blackburn

¶ 40. (concurring). While I agree with the majority that there are genuine issues of material fact on both issues, I believe the majority has side-stepped its duty by failing to clearly set forth standards courts should apply when reviewing whether there has been a violation of Wis. Stat. § 101.645. The majority indicates that there are three provisions of § 101.645 which come into play in this *269case — § 101.645(2), (3), and (4).1 Majority at 264-66. The majority submits that "under some circumstances simultaneous compliance with. . .these provisions. . .might not be possible." Majority at…