2016 WI 24

SUPREME COURT OF WISCONSIN CASE NO.: 2014AP775 COMPLETE TITLE: 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 Sherwin- Williams 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: April 15, 2016 SUBMITTED ON BRIEFS: ORAL ARGUMENT: April 5, 2016

SOURCE OF APPEAL: COURT: Circuit COUNTY: Milwaukee JUDGE: 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. Oral Argument by Luke N. Berg for the defendants-appellants.

2 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 FILED Company, Atlantic Richfield APR 15, 2016 Company and The Sherwin-Williams Company, Diane M. Fremgen Defendants-Appellants, Clerk of Supreme Court

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 PER CURIAM. The court is equally divided on whether to affirm or reverse the decision of the circuit court for No. 2014AP775

Milwaukee County. Chief Justice Patience Drake Roggensack,

Justice Shirley S. Abrahamson, and Justice Ann Walsh Bradley

would affirm. Justice David T. Prosser, Justice Annette

Kingsland Ziegler, and Justice Michael J. 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 State v. Richard Knutson, Inc., 191 Wis. 2d 395, 396-97, 528 N.W.2d 430 (1995) (per 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.

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