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Wisconsin Jury Verdicts, Settlements and Court Decisions
 
Equal Employment Opportunity Commission (EEOC) v. Lee's Log Cabin

The Equal Employment Opportunity Commission (“EEOC”) filed suit against Lee’s Log Cabin restaurant in Wausau, Wisconsin, claiming it violated the Americans with Disabilities Act (“ADA”) when it refused to hire Korrin Krause Stewart for a waitstaff position because she was HIV-positive. After Log Cabin moved for summary judgment, the EEOC switched gears and claimed Log Cabin did not hire... More...   $0 (10-07-2008 - WI)

Falk Corp., et al. v. J.M. Brennan

Falk Corporation sued J.M. Brennan on a negligence theory claiming that a pipe install in 1988 was not properly installed and, as a direct result, blew out in 2006 and caused an explosion that killed three and injured 48 at Falk's plant. Falk and its insurer claimed that it sustained $68 million in damages as result of the incident.

Brennan claimed that Falk didn’t maintain the pipe prop... More...
   $0 (10-04-2008 - WI)

Reggie Townsend v. Jerry Allen

Reggie Townsend sued Jerry Allen on a civil rights violation (43 U.S.C. 1982) claiming that his constitutional rights were violated when he was held in segregation cell for 60-day and forced to sleep on a "wet, moldy and foul smelling" mattress. He further claimed that Allen, a prison guard, denied him "the minimal civilized measure of life's necessities" during the time he was confined in the cel... More...   $295000 (09-27-2008 - WI)

Family and Estate of Austin Gagner v Robert Wellsandt

Family and Estate of Austin Gagner sued Robert Wellsandt, et al. on an auto negligence theory claiming that Wellsandt failed to exercise due care in the operation of a bus that he was driving and, as a direct result, the bus struck and killed Gagner, age 10, who was riding a skate board through a crosswalk.

Defendants denied fault and further claimed that Austin was more negligent than th... More...
   $0 (09-20-2008 - WI)

Rockwell Automation, Inc. v. National Union Fire Insurance Company of Pittsburgh, P.A. v. Travelers Indemnity Company

Following a state court trial in Missouri, a jury found Rockwell Automation, Inc. (“Rockwell”) liable for damages exceeding $97 million. The court also awarded post-judgment interest which eventually accrued to over $18 million. Rockwell’s excess insurers, National Union Fire Insurance Company of Pittsburgh (“National Union”), Federal Insurance Company (“Federal”), and Gulf Insurance... More...   $0 (09-15-2008 - WI)

Paschall L. Sanders III v. Kevin Hayden, et al.

After serving a prison sentence, the plaintiff was civilly committed to a secure treatment facility—the Wisconsin Resource Center—as a sexually violent person. Wis. Stat. § 980.06. He has brought this suit under 42 U.S.C. § 1983 against various state officials, claiming that they violated his federal rights by reducing his pay for the work he performs at the Center.

The district judge... More...
   $0 (09-15-2008 - WI)

EraGen Biosciences, Inc. v. Nucleic Acids Licensing LLC and Steven A. Benner

Litigation can sometimes take on a life of its own, propelling the parties into maneuvers and rhetorical flourishes that might not have been undertaken in more placid times. This case seems to be a cautionary tale for how the pressures of litigation can overtake parties like Hokusai’s wave swamping the boats (“The Great Wave Off Kanagawa,” ca. 1831, Katsushika Hokusai (1760-1849)).

... More...
   $0 (09-02-2008 - WI)

Jean McCarter, et al. v. Retirement Plan for the District Managers of the American Family Insurance Group, et al.

American Family Insurance Group amended its pension plans in 1997 to allow participants to elect cash distributions (with values actuarially equal to the participants’ vested pensions) when they leave its employ. As amended, the plans give workers 90 days to choose whether to take lump sums immediately or annuities when they reach retirement age. Plaintiffs exercised the lump-sum option. Now the... More...   $0 (09-02-2008 - WI)

Kevin J. Renken, Doctor, v. William D. Gregory, Doctor, William R. Rayburn, Doctor, John A. Wanat, Doctor, et al.

Dr. Kevin Renken, a professor at the University of Wisconsin-Milwaukee (“University”), filed a complaint pursuant to 42 U.S.C. § 1983 asserting Specifically, 1 Renken sued Dr. William Gregory, CEAS Dean, Dr. William Rayburn, Dean of the Graduate School, Dr. John Wanat, University Provost and Vice Chancellor for Academic Affairs, and Dr. Nancy Zimpher, University Chancellor from 1998 until the... More...   $0 (09-04-2008 - WI)

Anchor Point Condominium Owner's Association v. Fist Tale Properties, LLC, Kiran & Sadeck, LLC, Sadek & Zersen, LLC and Wayne K. Sadek, Jr.

¶1 DYKMAN, J. Anchor Point Condominium Owner’s Association (APCA) appeals from an order granting summary judgment to Fish Tale Properties in APCA’s action for a declaratory judgment and injunction to prevent Fish Tale from using APCA’s piers and boat slips. APCA argues that the trial court erred in finding that the documents granting Fish Tale the right to use APCA’s piers and bo... More...   $0 (07-03-2008 - WI)

William N. Ehlinger v. Jon A. Hauser and Evald Moulding, Inc.

¶1 This dispute centers on the disability buyout provisions of a Buy-Sell Agreement (Agreement) executed by Jon Hauser and William Ehlinger, the sole and equal shareholders of Evald Moulding Company (Evald). The circuit court ruled that Evald’s shareholders were deadlocked, and ordered Evald’s dissolution pursuant to Wis. Stat. § 180.1430 (2005-06).[1] However, the court determined that th... More...   $0 (07-24-2008 - WI)

Arthur D. Dyyer, et al. v. Blackhawk Leather LLC, Transporation Technologies Industries, Inc., E.Z. Paintr, Litton Systems, Inc., and Ispat Inaldn Mortgage Acceptance Corporation

¶1 BROWN, C.J. This lawsuit concerns a now-closed landfill in Muskego. The plaintiffs are nearby landowners whose water is contaminated with a toxic chemical called vinyl chloride, which they allege came from the landfill. Their suit against Waste Management of Wisconsin, Inc., the landfill’s operator, is still pending in the circuit court, and is not before us in this appeal. Rat... More...   $0 (08-12-2008 - WI)

Douglas Osborn and Martha Osborn v. Harold Dennison

Douglas and Martha Osborn appeal from a judgment of the circuit court holding that by not directing the return of Harold Dennison’s earnest money after a failed residential real estate transaction, they irrevocably elected liquidated damages as their remedy and forfeited their right to sue for actual damages. We affirm the holding of the circuit court.

¶2 On March 1, 2005, the Os... More...
   $0 (08-12-2008 - WI)

Bruce A. Tammi v. Porsche Cars North America, Inc.

Bruce Tammi filed suit against Porsche Cars North America, Inc. (“Porsche”) in Wisconsin state court seeking damages for violations of the Wisconsin Lemon Law (“Lemon Law”), Wisconsin Statute Section 218.0171, involving the 2003 Porsche 911 Turbo he leased from US Bank. Porsche removed the case to federal court on the basis of diversity jurisdiction where the case proceeded to a jury trial... More...   $0 (07-17-2008 - WI)

Progressive Northern Insurance Company v. Kristina Kirchoff

In this case, we examine whether Wis. Stat. § 632.32(5)(i) (2005-06)[1] permits two independent underinsured motorist (UIM) carriers with two separate policies to each reduce their respective UIM coverages by the liability limits paid by a single tortfeasor. We hold that it does.

2 Progressive Northern Insurance Company appeals from a declaratory judgment granted in favor of Kristina... More...   $0 (06-04-2008 - WI)

Richard Bubb and Marjorie Bubb v. William Brusky, M.D., Saint Anges Hospital, Xian Feng Gu, M.D., Lakeside Neurogcare Limited and Medical Protective Services

Richard and Marjorie Bubb initiated a medical malpractice action against Dr. William Brusky, Dr. Xian Feng Gu, St. Agnes Hospital, and their insurers. The Bubbs contend the circuit court erred when it refused to submit the question of informed consent to the jury, effectively dismissing that portion of their claim and limiting the inquiry to whether Dr. Brusky and Dr. Gu were negligent in their c... More...   $0 (06-11-2008 - WI)

Vincent R. Biskupic v. Stacey Cicero, et al.

Vincent Biskupic is a former Outagamie County District Attorney and an unsuccessful candidate for Wisconsin Attorney General. He claims he was defamed by a newspaper article published by the Shawano Leader in August 2004. The article incorrectly stated Biskupic had been involved in bribery and graft.

2 Biskupic sued eight defendants, including the Leader, several of its employees, ... More...   $0 (06-17-2008 - WI)

James R. Donohoo v. Action Wisconsin, Inc. and Christopher Ott

The petitioners, Action Wisconsin, Inc., and Christopher Ott, seek review of an unpublished court of appeals decision reversing a circuit court judgment that required attorney James R. Donohoo to pay costs and attorney fees for filing and maintaining a defamation lawsuit that was frivolous.[1] The defamation lawsuit was commenced in response to a press release issued by Action Wisconsin.

2... More...   $0 (06-17-2008 - WI)

Larry Schultz v. St. Luke's Medical Center

Larry Schultz sued St. Luke's Medical Center on a medical negligence theory claiming that he suffered catastrophic injuries when a drug was injected into his spine that was supposed to relieve spasticity result from the MS from which he suffered.

A medical resident at the hospital injected the drug Baclofen to treat the multiple sclerosis and Reno-60, a drug that was intended to trace the Ba... More...   $10000000 (06-07-2008 - WI)

Shelly Smith v. William Green

Shelly Smith sued William Green on an auto negligence theory claiming that Green failed to exercise due care in the operation of his vehicle and, as a direct result, he collided with her at the intersection of Nameoki Road and Pontoon Road in Granite City on Oct. 29, 2004. Smith alleged Green ran a red light at the intersection and collided with her which caused permanent injuries to her lower b... More...   $20000 (06-07-2008 - WI)

United States Industries, Inc. v. Plastech Engineered Products, Inc.

United Stars Industries sold stainless-steel tubing to Plastech Engineered Products between 2000 and 2005. The firms agreed that the price would be adjusted periodically as the cost of raw materials changed. Steel mills set a basic price covering iron and other common ingredients, such as silicon and car2 bon, plus a surcharge for costly elements that are used in particular alloys. Plaste... More...   $0 (05-17-2008 - WI)

James Kiser, et al. v. J. Peter Jungbacker, et al.

The appeal in this class action springs from the award of attorney fees and costs in the settlement liquidating a commercial real estate investment limited partnership. The general partner and its general partners and affiliated entities appeal from the order approving the class action settlement and awarding attorney fees and costs, specifically challenging only the fees and costs. We conclu... More...   $520000 (05-07-2008 - WI)

Nic J. Eichenseer v. Madison-Dane County Tavern League, Inc., et al.

This is an antitrust case. The plaintiffs1 accuse 24 taverns in the immediate vicinity of the University of Wisconsin campus in Madison and the Madison-Dane County Tavern League, Inc. (collectively, the defendants) of horizontal price-fixing violations under Wis. Stat. § 133.03(1)2 because, in response to pressure from city government to ban all drink specials after 8 p.m. in the city, the 2... More...   $0 (05-07-2008 - WI)

James Domka v. Portage County, Wisconsin

As a result of James Domka's plea bargain following his third-offense arrest for driving under the influence, his sentence included work-release privileges (known in Wisconsin as "Huber privileges") and the opportunity to serve the majority of his jail time at home under Portage County's Home Detention Program ("HDP"). While under the HDP, Domka registered a positive alcohol reading on a So... More...   $0 (04-26-2008 - WI)

Shirley Britton v. Michael Astrue, Commissioner of Social Security

Shirley Britton, a fifty-year-old obese woman who suffers from chronic pain, depression, and other ailments, has been trying to get Social Security benefits since 1997. At her third hearing before an administrative law judge ("ALJ"), her lawyer questioned the foundation of testimony by a vocational expert ("VE") that a significant number of jobs are available to someone with Britton's chara... More...   $0 (04-10-2008 - WI)

Terrance Jewett v. Officer Dale Anders

Terrance Jewett filed this action under 42 U.S.C. § 1983 against Officer Dale Anders, a Milwaukee police officer. He alleges that Officer Anders unlawfully arrested him and used excessive force in effectuating the arrest in violation of the Fourth Amendment, as made applicable to the states by the Fourteenth Amendment. He also alleges that Officer Anders deprived him of liberty without due ... More...   $0 (04-11-2008 - WI)

Disability Rights Wisconsin, Inc. v. Walworth County Board of Supervisors

Disability Rights Wisconsin, Inc. ("DRW") is a non-profit corporation created under Wisconsin law in order to "[p]ursue legal, administrative and other appropriate remedies to ensure the protection of the rights of persons with developmental disabilities or mental illness." Wis. Stat. § 51.62(3)(a)(1). DRW filed suit against the Walworth County Board of Supervisors ("Board of Supervisors") ... More...   $0 (04-14-2008 - WI)

Samuel C. Johnson 1988 Trust, et al. b. Bayfield County, Wisconsin

At issue in this lawsuit are Bayfield County's ("the County") ongoing efforts to convert unused railway lines in the County into snowmobile trails. As the legal basis for its plans, the County alleges that the United States retains a reversionary interest in these railroad right-of-ways and that Congress has established that, pursuant to this reversionary interest, if the railway lines are ... More...   $0 (04-02-2008 - WI)

Computer Docking Station Corporation v. Dell, Inc.

On summary judgment, the United States District Court for the Western District of Wisconsin determined that Dell, Inc., Gateway, Inc., Toshiba America, Inc., and Toshiba America Information Systems, Inc. (collectively Defendants) did not infringe claims 17- 20, 22, 24, and 26-28 of Computer Docking Station Corporation's (CDSC's) United States Patent No. 5,187,645 ('645 patent). Computer Docking S... More...   $0 (03-25-2008 - WI)

Thomas and Barbara Jandre v. Dr. Theresa Bullis and St. Joseph's Community Hospital

Thomas Jandre, age 53, and Barbara Jandre sued Dr. Theresa Bullis and St. Joseph's Community Hospital on a medical negligence (medical malpractice) theory claiming that the care received by Thomas at the hospital emergency room in June 2004 fell below the standard of care and, as a direct result, the Bell's palsy condition for which he sought treatment was not effectively treated. Plaintiffs claim... More...   $3000000 (03-22-2008 - WI)

Columbia Casualty Co. v. Appleton Papers Incorporated

Columbia Casualty Co. and other insurance carriers sued Appleton Papers, Inc. seeking a declaratory judgment that they should not be liable for the cleanup on the industrial chemical PCBs dumped into the Lower Fax River by defendant. The U.S. Environmental Protection Agency and state Department of Natural Resources ordered Appleton and other Wisconsin paper companies to dredge and cap PCB-contamin... More...   $550000000 (03-18-2008 - WI)

Peter Ludyjan and Rita Ludyjan v. Continental Casualty

1 In this case, two former tenants, Peter and Rita Ludyjan, sued their former landlords, Eugene and Joan Lathers, for unjust enrichment. The tenants demand compensation for two buildings they erected at their own expense during their tenancy, claiming that the buildings added value to the land and it would be unfair to allow the landlords to keep that added value without paying for it. As... More...   $0 (02-13-2008 - WI)

Brittany L. Noffke v. Kevin Bakke, et al.

1 Brittany Noffke was a cheerleader for Holmen High School when she fell and was injured while practicing a cheerleading stunt during a pre-game warm-up session. Noffke sued Kevin Bakke for negligently failing to properly spot Noffke while practicing the stunt. She also sued Holmen High School and the Holmen Area School District and the school district's insurance company (collectively "t... More...   $0 (02-14-2008 - WI)

Park Avenue Plaza, et al. v. City of Mequon

1 Park Avenue Plaza, together with other commercial property owners along Port Washington Road (Park Plaza), appeals from a summary judgment affirming special assessments levied by the City of Mequon after public improvement work was completed. Park Avenue also appeals from the court's order denying a motion for reconsideration. Park Avenue contends the circuit court erred when it conclud... More...   $0 (02-27-2008 - WI)

A&A Enterprises v. City of Milwaukee

1 A&A Enterprises (A&A) appeals from an order denying its motion for a permanent injunction and dismissing its complaint. Following a bench trial, the trial court concluded that the City of Milwaukee's (the City) February 2, 2005 order directing A&A to repair its building at 2436 West Kilbourn Avenue or have it razed within sixty days was reasonable; and that there was no basis for the tri... More...   $0 (02-20-2008 - WI)

Cindy Horack v. Building Services Industrial Sales Company

1 Cindy Horak, individually and as the Special Administrator on behalf of the Estate of George Benzinger, appeals a summary-judgment order dismissing its complaint against Building Services Industrial Sales Company.[1] Horak is Benzinger's daughter. Benzinger died from lung cancer caused in part by his exposure to asbestos. Building Services supplied asbestos material to Benzinger's empl... More...   $0 (02-27-2008 - WI)

Hometown Bank, et al. v. Acuity Insurance

1 After winning a judgment against Gordon Jungwirth, Hometown Bank filed a nonearnings garnishment action against Acuity Insurance, Jungwirth's liability insurer. The circuit court granted Acuity's motion for summary judgment and awarded it $500 in statutory costs. Hometown appeals only the award of costs, contending that garnishment is an equitable action and Wis. Stat. § 814.02(2) (2005... More...   $500 (02-27-2008 - WI)

Kyle Kolenda v. Electromania, DHL Express USA, Inc.

1 Electromania appeals a small-claims judgment entered in favor of Kyle Kolenda. As is permitted by Wis. Stat. § 799.06(2), Electromania appears by its owner, Dennis T. Krizan. We affirm.

I.

2 Kolenda does not live in Milwaukee. He bought a large-screen plasma television set at a substantial discount. It stopped working during the warranty period, and he had it with h... More...   $5000 (02-27-2008 - WI)

Kenneth J. Behrendt v. Gulf Underwriters Insurance Co. and Silvan Industries, Inc.

1 Kenneth Behrendt appeals a summary judgment dismissing his negligence claims against Silvan Industries, Inc., and its insurer, Gulf Underwriters Insurance Co. Behrendt contends issues of material fact preclude the summary judgment. We conclude that co-defendant James Fisher[1] was not working within the scope of his employment at Silvan when he built the tank at issue in this case, prec... More...   $0 (02-27-2008 - WI)

Houghton Wood Products, Inc. v. Southwood Door Company, LLC

1 Southwood Door Company, LLC, appeals a summary judgment in favor of Houghton Wood Products, Inc., consisting primarily of interest on past due accounts.[1] Southwood argues Houghton is barred from seeking interest payments by the doctrines of equitable estoppel, waiver and laches. We disagree and affirm.

2 Southwood is an affiliate of Oshkosh Door Company, with a principal ... More...   $0 (02-27-2008 - WI)


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