Torts
Breach of fiduciary duty

Where an attorney's benefit did not come out of the pocket of his client, there is no breach of fiduciary duty.

"[A]lthough the settlement document may have conferred a benefit on Krug, there is no evidence that releasing Krug came at a cost to Berner, and thereby affected the parties reciprocally. Furthermore, although it is possible that some finite value could be attributed to the release of Krug, Berner has not presented any evidence to show what that value may be. For example, Berner has not presented any evidence that the cost of its settlement was increased due to Krug's release. Berner instead alleges that the full cost of the settlement agreement, $1.35 million, constitutes its damages for releasing Krug. No credible evidence supports Berner's claim in this regard."

Affirmed.

2005AP1527 Berner Cheese Corp. v. Krug

Roggensack, J.

Attorneys: For Appellant: Garvey, Edward R., Madison; Stoddard, Glenn M., Eau Claire; Westerberg, Christa, Madison; Schiltz, Eugene J., Chicago, IL; Crotty, Sean B., Chicago, IL; For Respondent: Barton, Larry W., Janesville; Heffernan, Michael S., Madison; Langenfeld, Mark L., Madison; Van Sicklen, Michael B., Madison; Konicek, Daniel F., Geneva, IL

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