Abuse of Discretion – Jurisdiction

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WI Supreme Court

Case Name: State of Wisconsin ex rel., et al. v. Circuit Court for Brown County, et al.

Case No.: 2019 WI 15

Focus: Abuse of Discretion – Jurisdiction

The circuit court ordered the arbitration of a private construction dispute stayed until it could decide an insurance coverage dispute between one of the contractors connected to the arbitration and the contractor’s insurer. CityDeck Landing LLC petitions this court, pursuant to Wis. Stat. § (Rule) 809.71 (2015-16), for a supervisory writ. CityDeck asks this court to exercise its superintending constitutional authority to vacate the circuit court’s order. CityDeck asserts the circuit court exceeded its jurisdiction by putting the private arbitration on hold, and that a supervisory writ is necessary to correct the circuit court’s extra-jurisdictional act. We hold the circuit court lacked the authority to issue the order staying the arbitration, the requirements necessary to issue a supervisory writ have been satisfied, and the stay order must be vacated.

Granted; stay order vacated

Concur:

Dissent: A.W. BRADLEY, J. dissents, joined by ABRAHAMSON, J. (opinion filed)

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.