Court Error – Subpoena Duces Tecum

Listen to this article

WI Court of Appeals – District IV

Case Name: Daniel Virnich v. Jeffrey Vorwald et al

Case No.: 2015AP1600

Officials: Lundsten, Sherman and Blanchard, JJ.

Focus: Court Error – Subpoena Duces Tecum

Daniel Virnich appeals a judgment of the circuit court granting summary judgment in favor of American Trust & Savings Bank (“the Bank”) and Jeffrey Vorwald, an employee and officer of the Bank (collectively, “the Respondents”). Virnich brought suit against the Respondents alleging that they had conspired with Michael Polsky to maliciously cause Virnich injury in his “reputation, trade, business or profession,” in violation of WIS. STAT. § 134.01 (2013-14). In this appeal, Virnich makes two contentions. He argues that the circuit court erred in quashing his subpoenas duces tecum served upon Polsky and the law firm of Beck, Chaet, Bamberger & Polsky, S.C., and that the evidence on summary judgment establishes a factual dispute as to Virnich’s § 134.01 claim against the Respondents. For the reasons discussed below, we affirm.

Full Text

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.