2010AP243 Dyer, et al. v. Waste Management of Wisconsin Inc., et al.

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Torts
Abuse of process

This appeal concerns an abuse-of-process claim brought by Russell Moeller against Waste Management of Wisconsin, Inc. Moeller is a plaintiff in a groundwater contamination lawsuit against Waste Management relating to Waste Management’s operation of a landfill. While that lawsuit was ongoing, Waste Management brought claims against Moeller, who had for a period of time hauled waste to the landfill. The claims were for trespass and for contribution in the event Waste Management was found liable for the groundwater contamination. Moeller counterclaimed for abuse of process, alleging that Waste Management brought its claims to intimidate him. The circuit court dismissed Moeller’s abuse-of-process claim at the summary judgment stage. Moeller appeals that decision. We affirm. Not recommended for publication in the official reports.

2010AP243 Dyer, et al. v. Waste Management of Wisconsin Inc., et al.

Dist II, Waukesha County, Reilly, J., Lundsten, J.

Attorneys: For Appellant: Grzezinski, Dennis M., Madison; Thomsen, Mark, Brookfield; Kaas, Sarah F., Brookfield; Foeckler, Allan M., Brookfield; For Respondent: Lyons, Thomas P., Brookfield; Nijman, Jennifer T., Chicago, Il

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