Contracts — non-compete clauses — attorney fees

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Wisconsin Court of Appeals

Civil

Contracts — non-compete clauses — attorney fees

Advanced Green Energy Solutions appeals the circuit court’s judgment entered after a jury trial on Advanced Green’s two breach of contract claims, one against Pieper Electric, Inc., and another against Clear Horizons, LLC. The jury found for Advanced Green on both claims. However, on the claim against Clear Horizons for breach of a non-compete agreement, the circuit court reduced the jury’s damages award from $32,000 to $0 and dismissed the claim. The circuit court also awarded $23,000 in attorneys’ fees to Clear Horizons as “the prevailing party” on that claim under a fee-shifting provision in the non-compete agreement. Finally, the court awarded costs to Pieper Electric and Clear Horizons under Wis. Stat. § 807.01[1] after concluding that Advanced Green’s recovery was less than Pieper Electric and Clear Horizons’ joint settlement offer. Not recommended for publication in the official reports.

2013AP753 Advance Green Energy Solutions LLC v. Pieper Electric Inc., et al.

Dist IV, Dane County, Markson, J., Lundsten, J.

Attorneys: For Appellant: Rose, Douglas W., Milwaukee; Baumann, Jennifer Geller, Milwaukee; For Respondent: Turke, Mary C., Madison; Bianchi, Albert , Jr., Madison