01-2174 Bank One, Wisconsin v. Koch

By: dmc-admin//June 10, 2002//

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This is because the statute’s reference to “all damages” incorporates the American rule of damages that attorneys’ fees are not recoverable by a prevailing party unless certain exceptions apply.

“In this case, the statute under which Stair seeks recovery does not expressly authorize an award of attorney fees. Applying the law in Murray and Domain Industries, we assume that when the legislature enacted Wis. Stat. sec. 137.01(8), it did so with full knowledge of the American rule requiring each party to shoulder its own attorney fees.”

Accordingly, because the applicable statute incorporates the American rule of damages, we affirm the trial court’s denial of attorneys’ fees.

Affirmed.

Recommended for publication in the official reports.

Dist II, Waukesha County, Hassin, J., Brown, J.

Attorneys:

For Appellant: George W. Love, Waukesha

For Respondent: Penny Grey Gentges, Milwaukee; Steven Zablocki, Milwaukee

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