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Statutory Interpretation

By: Derek Hawkins//January 22, 2018//

Statutory Interpretation

By: Derek Hawkins//January 22, 2018//

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7th Circuit Court of Appeals

Case Name: Restoration Risk Retention Group, Inc. v. Laura Gutierrez, et al.

Case No.: 17-1016

Officials: WOOD, Chief Judge, and RIPPLE and HAMILTON, Circuit Judges

Focus: Statutory Interpretation

Restoration Risk Retention Group, Inc. (“Restoration Risk”) brought this action seeking injunctive and declaratory relief against the Secretary of the Wisconsin Department of Safety and Professional Services (“WDSPS”), and the Trades Credentialing Unit (“TCU”) of the WDSPS. Restoration Risk claims that TCU’s new interpretation of a Wisconsin statute is incorrect or, in the alternative, that the Liability Risk Retention Act (“LRRA”), 15 U.S.C. §§ 3901–3906, preempts the statute as interpreted by TCU.

The district court denied Restoration Risk’s motions for a preliminary injunction and for partial summary judgment. It granted the defendants’ motion for partial judgment on the pleadings. In doing so, the district court agreed with TCU’s new interpretation of the Wisconsin statute, which effectively barred Restoration Risk from operating in Wisconsin. It also concluded that TCU’s interpretation was not preempted by the LRRA.

After the parties stipulated to a voluntary dismissal without prejudice of all remaining claims, the district court entered a final judgment in favor of the defendants. Restoration Risk timely filed this appeal.  For the reasons set forth in this opinion, we vacate the district court’s judgment and remand the case so that the district court can determine whether intervening amendments to the Wisconsin statute render this litigation moot.

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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