Abuse of Discretion – Injunction

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WI Court of Appeals – District III

Case Name: Timothy Pflieger v. Lara Bush-Pensy

Case No.: 2018AP1794

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

Focus: Abuse of Discretion – Injunction

Lara Bush-Pensy appeals from an order denying her motion for relief from a harassment injunction entered in favor of Timothy Pflieger. Bush-Pensy contends: (1) evidence that Bush-Pensy had violated a stipulation upon which the injunction action had previously been dismissed was insufficient to support the issuance of the injunction because there was no showing the violation was intentional and the stipulation was itself illegal and against public policy; (2) the judge issuing the injunction failed to disclose contacts he had with Pflieger’s family in violation of WIS. STAT. § 757.19(3) (2017-18); and (3) the injunction is overbroad because it prohibits conduct broader than the claimed harassment. We affirm on the grounds that Bush-Pensy has failed to develop any argument showing the circuit court erroneously exercised its discretion when it refused to grant relief from the injunction.

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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.