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Court Error

By: Derek Hawkins//August 2, 2016//

Court Error

By: Derek Hawkins//August 2, 2016//

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WI Court of Appeals – District III

Case Name: St. Croix Regional Medical Center et al v. Robert Keller, et al

Case No.: 2015AP1058

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Court Error

Robert Keller appeals a grant of summary judgment in favor of St. Croix Regional Medical Center (St. Croix). He argues the circuit court erroneously interpreted Wisconsin’s theft-by-contractor statute, WIS. STAT. § 779.02(5), and, by extension, the statute prohibiting the misappropriation of construction loan proceeds, WIS. STAT. § 706.11(3). Keller’s brief-in-chief appears principally to argue he was not liable for violations of those statutes as a matter of law, while his reply brief appears principally to argue summary judgment was inappropriate because a genuine issue of material fact existed as to whether such violations occurred. We reject both arguments. Keller also asserts the circuit court erred by awarding treble damages for the violations under WIS. STAT. § 895.446. Again, we disagree. Accordingly, we affirm the judgment

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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