Summary Judgement – Issue of Material Fact

By: Derek Hawkins//June 25, 2019//

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WI Court of Appeals – District IV

Case Name: Lori Jean Hagerty v. Kay Ellen Hagerty

Case No.: 2018AP1395

Officials: Lundsten, P.J., Blanchard and Fitzpatrick, JJ.

Focus: Summary Judgement – Issue of Material Fact

Lori Hagerty appeals an order of the Dane County Circuit Court which granted summary judgment in favor of Kay Hagerty and dismissed Lori’s complaint against Kay. The complaint alleged that Kay unduly influenced Lori’s and Kay’s father, James Hagerty, to execute a deed conveying his house to Kay. Lori argues that the grant of summary judgment was an error because there are genuine issues of material fact concerning whether Hagerty was unduly influenced to execute the deed. We agree with Lori, reverse the order of the circuit court, and remand for further proceedings.

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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.

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