Wisconsin Estoppel Law
Neff Group Distributors, Inc. v. Cognex Coporation
Madison, Wisconsin civil litigation lawyers represented Plaintiff, which sued Defendant on a violation of the Wisconsin Fair Dealership Law, Wis.Stat. Ch. 135 ("WFDLâ€), the Indiana Deceptive Franchise Practices Act, Ind. Code § 23-2-2.7 ("IDFPAâ€), and common law theories of promissory estoppel and unjust enrichment theories.<br> <br> Defendant Cognex is a Massachusetts-based manufac... More...
$0 (08-05-2022 - WI)Ronald DeCoster v. Waushara County Highway Department and Waushara County, Wisconsin
<center><br> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/milwaukee_411890537990189369_1435166339101.jpg"><br> </center><br> When Waushara County set out to improve a rural highway, a dispute erupted about<br> who owned a tract of land on which Ronald DeCoster had<br> erected a fence. The County maintained that it owned the<br> land or at least had a transportation easement tha... More...
$0 (11-18-2018 - WI)State Of Wisconsin v. Keith D. McEvoy
On January 30, 2015, McEvoy was arrested for allegedly operating a motor vehicle while under the influence of an intoxicant, fifth offense, in violation of WIS. STAT. § 346.63(1)(a). The arresting officer read McEvoy the “Informing the Accused” form as required under WIS. STAT. § 343.305(4) and asked McEvoy to submit to a chemical test of his blood. McEvoy refused. The officer obtained an... More...
$0 (12-30-2015 - WI)Brenayder C. Williams v. Milwaukee Health Services, Inc.
The plaintiff, proceeding pro se, has sued her former employer, a private recipient of federal funding, charging that it violated the Rehabilitation Act of 1973, 29 U.S.C. § 794, by requiring her to complete certain duties as a dental assistant that she was incapable of performing because of an unspecified disability that limits her strength and mobility, and then firing her because of her disa... More...
$0 (10-10-2013 - WI)Syed M. Alam v. Miller Brewing Company
Syed Alam brought suit against Miller Brewing Company and MillerCoors LLC under Title VII of the Civil Rights Act of 1964 ("Title VIIâ€), 42 U.S.C. § 2000e et seq., alleging that MillerCoors, at the direction of Miller Brewing, refused to do business with him in retaliation for a discrimination suit previously filed by Alam against Miller Brewing.1 The district court dismissed the suit, co... More...
$0 (02-27-2013 - WI)Craig Miller v. Safeco Insurance Company of America
Safeco Insurance Company of America issued an insurance policy on a home purchased by Craig and Nancy Miller. After the Millers discovered extensive water and mold damage on the property, they filed a claim for the loss. Safeco denied the claim and the Millers sued. The district court found that the policy covered the loss, that the exclusions didn't apply, and Safeco acted in bad faith. We affirm... More...
$0 (06-25-2012 - WI)Habibollah Tabatabai v. West Coast Life Insurance Company
The plaintiff-appellant, Habibollah Tabatabai ("Tabatabaiâ€) sued defendant-appellee West Coast Life Insurance Co. ("West Coast Lifeâ€) for breach of contract and for a violation of West Coast Life's implied duty of good faith and fair dealing. West Coast Life moved for summary judgment and the district court granted the motion on December 21, 2010. This appeal followed. We affirm.<br><b... More...
$0 (12-16-2011 - WI)John R. Steffans v. BlueCross BlueShield of Illinois
We review an unpublished opinion of the court of appeals[1] reversing the circuit court's order[2] granting BlueCross BlueShield of Illinois' (BlueCross) motion for declaratory judgment. BlueCross is a subrogated party in plaintiff John R. Steffens' (Steffens) lawsuit based on a June 2005 car accident. BlueCross's motion requested a declaration that Steffens reimburse BlueCross $67,477.57, the a... More...
$0 (07-08-2011 - WI)Steven Nicolai v. City of Whitehall
Steven Nicolai appeals summary judgments in favor of his employer, the City of Whitehall. Nicolai brought an unpaid wage claim against the City, pursuant to Wis. Stat. § 109.03(5),[1] and also sought a declaratory judgment that the City had misclassified him as an overtime-exempt employee and therefore owed him overtime wages. In the alternative, Nicolai alleged the City breached his employme... More...
$0 (05-10-2011 - WI)Joyce Aldrich v. LIRC
The Labor and Industry Review Commission and Best Buy Stores, L.P., appeal from a circuit court order vacating a Commission decision that dismissed as untimely Joyce Aldrich's Wisconsin Fair Employment Act (WFEA) claim. We uphold the Commission's determination. Aldrich initiated her discrimination claims with the United States Equal Employment Opportunity Commission (EEOC); however, she failed t... More...
$0 (05-18-2011 - WI)Cardiovascular Associates of Northern WI, SC v. Richard E. Young
Richard and Marilyn Young appeal a small claims judgment awarded to Cardiovascular Associates of Northern WI, SC, for the cost of medical services rendered to Richard.[1] The Youngs argue the circuit court erred by granting the judgment because Cardiovascular Associates is equitably estopped from seeking payment from them. We disagree and affirm.<br><br>BACKGROUND<br><br> ¶2 ... More...
$0 (05-26-2011 - WI)Racine County v. Oracular Milwaukee, Inc.
This is a review of a published decision of the court of appeals[1] that reversed and remanded an order of the Racine County Circuit Court, Judge Stephen A. Simanek presiding, which granted summary judgment to Oracular Milwaukee, Inc., Oracular, Inc., Oracular of Minnesota, LLC, and Oracular of Michigan, Inc. (collectively Oracular) and dismissed Racine County's breach of contract claim. Racine C... More...
$0 (04-02-2010 - WI)Tammy Schmidt v. Eagle Waste & Recycling, Inc.
The plaintiff, Tammy Schmidt, brought this action for monetary relief under the Fair Labor Standards Act ("FLSAâ€), alleging that she was not paid overtime due under the Act. The defendant, Eagle Waste and Recycling, Inc. ("Eagleâ€), moved for summary judgment, arguing that Schmidt was exempt from the act because she was either an "outside salesperson†or a combination of an "outsi... More...
$0 (03-22-2010 - WI)Milwaukee Metropolitian Sewerage District v. american International Specialty Lines Insurance Company
When 19 acres of land are offered for sale for $1.00, any purchaser has reason to be wary. The Milwaukee Metropolitan Sewerage District is responsible for flood control and wastewater treatment in the greater Milwaukee area. As part of a flood control project, the District needed to acquire from Milwaukee County a piece of real estate along Lincoln Creek. The nominal asking price was $1.00. In ant... More...
$0 (03-10-2010 - WI)Tammy Schmidt v. Eagle Waste & Recycling, Inc.
The plaintiff, Tammy Schmidt, brought this action for monetary relief under the Fair Labor Standards Act ("FLSAâ€), alleging that she was not paid overtime due under the Act. The defendant, Eagle Waste and Recycling, Inc. ("Eagleâ€), moved for summary judgment, arguing that Schmidt was exempt from the act because she was either an "outside salesperson†or a combination of an "outsi... More...
$0 (03-22-2010 - WI)Dale Dawson v. Town of Jackson
¶1 The Town of Cedarburg appeals from a declaratory judgment in favor of Dale and Gudrun Dawson and Edward Thomas (the Dawsons). The Dawsons sought to discontinue a portion of a town highway shared by Cedarburg and the Town of Jackson. Jackson approved, Cedarburg did not. Cedarburg contends that the Dawsons should have sought certiorari review under Wis. Stat. § 82.15 (2007-08)[1] ra... More...
$0 (01-06-2010 - WI)Glen D. Hocking and Louann Hocking v. City of Dodgeville
The issue on this appeal is whether the ten-year statute of repose for actions for injury resulting from improvements to real property, WIS. STAT. § 893.89 (2007-08),1 bars this action against the City of Dodgeville. Glen and Louann Hocking claim damages to their property resulting from excessive storm water run-off, which, they allege, constitutes a nuisance and is the result of negligence by ... More...
$0 (06-05-2009 - WI)Racine County v. Oracula Milwaukee, Inc, Oracular, Inc., Oracular of Minnesota, LLC and Oracular of Michigan, Inc.
¶1 Racine County appeals from the circuit court's decision that its contract with Oracular Milwaukee, Inc., was a contract for "professional servicesâ€; to recover, the County had to prove professional negligence; and expert testimony was required "as a matter of law.†We reverse, because Oracular does not possess the indicia of a "professionalâ€; the contract between the parties ... More...
$0 (04-08-2009 - wi)Wisconsin Mall Properties, LLC v. City of Green Bay and City of Green Bay Redevelopment Authority
¶1 In 2003, the City of Green Bay condemned a department store in downtown Green Bay. The store was owned by Wisconsin Mall Properties, LLC and leased to Saks, Inc. Saks and the City claimed the condemnation extinguished Saks' obligations under the lease. A prior appeal in this case established that Saks' obligations under the lease continued, despite the condemnation. On remand, the circuit cour... More...
$0 (03-24-2009 - WI)Sharon Mondry v. American Family Mutual Insurance Company, et al.
When Sharon Mondry sought reimbursement from her workplace insurance plan for the speech therapy her son was receiving, she was advised that the therapy was not covered by the plan because it was "educational or training†and "not restorative.â€<br><br>For the next sixteen months, Mondry repeatedly asked both the plan and claims administrators to supply her with the plan documents conta... More...
$0 (03-05-2009 - WI)LOUISMARINO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOELMARINO, AND SETH NICHOLSON, v. CITY OFMADISON
This action arises out of a dispute over a twelvefoot- wide strip of land between the east side of West Shore Drive and Monona Bay in Madison, Wisconsin. The owners of two residential lots abutting the west side of West Shore Drive claim title to this land as does the City of Madison. The circuit court concluded that the City of Madison held title to this land, in trust for the public, and could t... More...
$0 (01-29-2009 - WI)Ronald P. Orth and Eufemia B. Orth v. Wisconsin State Employees Union, Council 24 and Group Insurance Plan Wisconsin State Employee Union
The plaintiffs in this suit under both ERISA and the Taft-Hartley Act charge the defendants, an employer and a welfare benefits plan, with having violated provisions of an ERISA plan contained in a collective bargaining agreement between the employer (Council 24 of the Wisconsin State Employees Union) and the union that represented Mr. Orth. The district judge granted summary judgment for the plai... More...
$0 (10-23-2008 - 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 boat slips... More...
$0 (07-03-2008 - 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. <P> 2 Southwood is an affiliate of Oshkosh Door Company, with a principal ... More...
$0 (02-27-2008 - WI)Allan Block Corporation v. County Materials Corporation
<P>In two contracts, one in 1993 and the other in 1997, Allan Block licensed County Materials to manufacture Allan Block's patented concrete blocks. The contracts forbade County Materials to manufacture competing concrete blocks (with certain exceptions) for as long as the contract was in effect and for 18 months after it was terminated. But when the licenses were terminated (both at the sa... More...
$0 (01-17-2008 - WI)Albert Loth v. City of Milwaukee
<P> J. Albert Loth appeals from the circuit court order granting the City of Milwaukee summary judgment, dismissing his complaint, and denying his motion for summary judgment declaring the City had breached its contract with him when it adopted a resolution reducing the retirement benefits to which he would have been entitled at retirement under the earlier resolution. We conclude that the ci... More...
$0 (01-07-2008 - WI)Capwin 19, LLC v. Michael G. Zingg and Persons Investments, LLC
<P>1 DYKMAN, J. Capwin 19, LLC, appeals from an order granting summary judgment to Michael Zingg and Parsons Investments, LLC in Capwin's action against Zingg and Parsons for breach of contract. Capwin contends that the trial court erroneously granted summary judgment to Zingg and Parsons based on their affirmative defense that Capwin anticipatorily breached the contract for the sale of ... More...
$0 (12-17-2007 - WI)Joe Tynan v. JBVBB, LLC, a Wisconsin Limited Liability Company, and ABFM Corporation, a Wisonsin Corporation, and ABQC Corporation, A Wisconsin Corportion
<P> Joe Tynan appeals from a judgment entered on his promissory estoppel claim in favor of defendants JBVBB, LLC, ABFM Corporation and ABQC Corporation. Tynan claims: (1) there was insufficient evidence to support the trial court's finding that regardless of whether the plaintiff had held out for a long-term employment contract, no contract would have come to fruition; (2) the trial court erred... More...
$0 (11-06-2007 - WI)<a href="http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=30079" target="_new">Delaine O. Burek and Virginia L. Bauman v. Daisy F. Braizer</a>
<P> 1 PER CURIAM. Delaine Burke and Virginia Baumann appeal a judgment awarding Daisy Braizer $37,000 plus costs. Burke and Baumann primarily contest the amount of this judgment. We reverse the judgment because the record does not demonstrate that the circuit court properly exercised its discretion in awarding this amount. <P> BACKGROUND <P> 2 In 1992, Burke and Baumann purc... More...
$0 (08-28-2007 - WI)<a href="http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=30094" target="_new">Holly Parsons, a minor, by her guardian ad litem, John C. Cabaniss, et al. v. American Family Insurance Company, et al.</a>
<P>1 Holly Parsons appeals from an order that dismissed all claims against Peter and Jennifer Klug for injuries Parsons suffered in an automobile accident. The court held that when Parsons cashed the $100,000 check that followed an offer of judgment, she released the Klugs from all liability arising from the accident. The court dismissed all claims against the Klugs. Parsons argues that t... More...
$0 (08-29-2007 - WI)<a href="http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=28562" target="_new">The Estate of Frank P. Rille, by its Personal Representative, Susan Rile, and Susan Rille, et al. v. Physicians Insurance Company, et al., etc.</a>
<P>1 SHIRLEY S. ABRAHAMSON, C.J. This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2003-04).[1] The circuit court for Waukesha County, Mark S. Gempeler, Judge, granted the motion of the third-party defendants, Albertson's, Inc. and Osco Drug, Inc., (collectively referred to as Osco Drug),[2] to dismiss the third-party complaint br... More...
$0 (04-05-2007 - WI)<a href="http://www.wisbar.org/res/sup/2004/02-0469.htm" target="_new">Randy A. J. v. Norma I. J.</a>
1. PATIENCE D. ROGGENSACK, J.This is a review of a published decision of the court of appeals that affirmed the judgment of the Circuit Court for Waukesha County, Lee S. Dreyfus, Jr., Judge, confirming Randy A.J. as the father of Selena J. <P> 2. Norma I.J. and Brendan B. contend that the previous court decisions were erroneous because Brendan has a constitutionally protected interest in assert... More...
$0 (04-21-2004 - WI)<a href="http://www.wisbar.org/res/sup/2003/00-1825.htm" target="_new">Alma Bicknese, M.D. v. Thomas B. Sutula and the Board of Regents of the University of Wisconsin System</a>
<P>Alma Bicknese (Bicknese) alleges that Thomas Sutula (Sutula), who was chair of the Neurology Department at the University of Wisconsin-Madison, offered her a position as an assistant professor and that she relied upon this offer in turning down a comparable job offer from the University of New York-Buffalo. Bicknese seeks review of an unpublished decision of the court of appeals, which dismisse... More...
$375000 (05-02-2003 - WI)<a href="http://www.wicourts.gov/html/ca/02/02-2005.htm" target="_new=">Comstock Dairy v. Western National Mutual Ins.</a>
<P>Western National Mutual Insurance Company appeals a judgment entered on a jury verdict awarding Comstock Dairy Enterprises, Inc., $80,000 for damage to a whey tank. Western contends that the trial court erred by finding the insurance policy ambiguous regarding the definition of a covered "object." It also challenges whether there was sufficient evidence to support the jury's conclusion that the... More...
$0 (03-11-2003 - WI)<a href="http://www.wisbar.org/res/capp/2002/01-1968.htm" target"_new">Otto v. Milwaukee County</a>
1. Thomas J. Otto appeals from an order dismissing his complaint against Milwaukee County, which alleged violations of Wis. Stat. §109.01(3) (1999-2000),1 breach of contract, and promissory estoppel. Otto claims: (1) the law of the case doctrine precluded a subsequent trial court from dismissing his claims because the first trial court denied earlier dispositive motions; (2)dismissal of his Wis. ... More...
$0 (05-21-2002 - WI)<a href="http://www.wisbar.org/res/capp/2002/01-1309.htm" target"_new">The Alexander Company v. Bensaid</a>
1. Abdul Bensaid and Cynthia Brown appeal a judgment of the circuit court sanctioning Bensaid and Brown for their failure to comply with the court's scheduling order and the statutes governing civil procedure. Brown additionally appeals the court's judgment finding a partnership by estoppel between Brown and Bensaid. For the following reasons, we affirm. <P> <center>Background</center> <P> 2.... More...
$69486 (05-23-2002 - WI)<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=01-3549" target="_new">Beer Capitol Distributing, Inc. v. Guinness Bass Import Germany</a>
Beer Capitol Distributing, Inc. ("Beer Capitol") held the distribution rights to Guinness Bass Import Company ("GBIC") products in Waukesha County and most of Milwaukee County, Wisconsin from 1992 through April 2000, at which point GBIC sent a notice of termination to Beer Capitol. Beer Capitol brought this action, alleging violations of Wisconsin's Fair Dealership Law, breach of contrac... More...
$0 (05-17-2002 - WI)<a href="http://www.wisbar.org/res/capp/2002/00-3539.htm" target="_new">Phoenix Controls v. Eisenmann Corp.</a>
Phoenix Controls, Inc. and Emergent Financial Corp.1 appeal a judgment entered on Phoenix's claims against Eisenmann Corporation, which cross-appeals the judgment. A jury awarded Phoenix $946,825 in damages for Eisenmann's intentional misrepresentation regarding payment for work Phoenix performed on a construction project for which Eisenmann served as the prime contractor. Eisenmann contends that ... More...
$957197 (03-21-2002 - WI)