Please ensure Javascript is enabled for purposes of website accessibility

Civil Procedure — dismissal

By: WISCONSIN LAW JOURNAL STAFF//February 18, 2014//

Civil Procedure — dismissal

By: WISCONSIN LAW JOURNAL STAFF//February 18, 2014//

Listen to this article

Wisconsin Court of Appeals

Civil

Civil Procedure — dismissal

Where the facts and circumstances of a pending lawsuit and a new lawsuit are the same, naming a different party in the new lawsuit is not enough to get around sec. 802.06(2)(a)10.

“The arguments RBC raises are substantially similar to those we have already dealt with in the above-discussed cases.  Accordingly, our conclusion is also substantially similar.  RBC, by its own admission, stated that the underlying case and the related case are ‘substantially similar,” “arise out of the exact same transactions and occurrences,’ and involve ‘intertwined claims [that] concern the exact same investments involving the exact same parties.’ RBC’s own admissions of similarity are amply supported by the record.  The claims RBC raises against Noack and Kruszewski are nearly identical to the cross-claims RBC raised against Stifel in the related case.  Noack was the Stifel employee who actively participated in the investment negotiations with the school district.  Kruszewski was, and still is, the Chief Executive Officer of Stifel.  Any claims RBC asserts against Noack and Kruszewski arise out of their employment with Stifel—the facts of which give rise to the related case.  We agree with Judge Noonan that RBC’s attempt to now claim differences between the underlying and related cases is merely an attempt to ‘circumvent [the] Honorable William Brash’s rulings in [the related case.].’”

Affirmed.

Recommended for publication in the official reports.

2013AP1105 RBC Europe Ltd. v. Noack

Dist. I, Milwaukee County, Noonan, J., Kessler, J.

Attorneys: For Appellant: Johnson, Terry E., Milwaukee; Wirth, Michael J., Milwaukee; Kirsch, Mark, New York; Karlan, Mitchell A., New York; Joralemon, Christopher M., New York; Conn, Jennifer L., New York; For Respondent: Laing, Dean P., Milwaukee; McBride, Patrick G., Milwaukee; Cahill, Brian G., Milwaukee; Hanan, Beth E., Milwaukee; Turek, David J., Milwaukee; Kalinowski, Jeffrey, St. Louis, MO.; Kuhlman, Richard H., St. Louis, MO

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests