Judgement Award – Attorney’s Fees

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WI Court of Appeals – District II

Case Name: Michael R. Wilhelm v. McCoy Contractors Inc., et al.

Case No.: 2016AP1729

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Judgement Award – Attorney’s Fees

This case arises from a dispute between Michael R. Wilhelm and his former employer, McCoy Contractors, Inc. (McCoy) over unpaid compensation. Wilhelm appeals from orders dismissing McCoy’s president, Daniel J. McCoy (Daniel), from the case and reducing a jury’s damages award against McCoy. McCoy, meanwhile, cross-appeals from an order awarding attorney fees to Wilhelm.

We conclude that the circuit court properly dismissed Daniel from the case and properly awarded attorney fees to Wilhelm. However, we also conclude that the court erred in reducing the jury’s damages award against McCoy, which affected the amount of attorney fees ordered.  Therefore, we affirm in part, reverse in part, and remand with directions to reinstate the jury’s damages award and increase the attorney fees award accordingly.

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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.