Damages

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WI Court of Appeals – District IV

Case Name: John M. Schuepbach, et al. v. Leistikow Properties, LLC, et al.

Case No.: 2018AP1433

Officials: Fitzpatrick, P.J., Graham and Nashold, JJ.

Focus: Damages

This case arose out of actions by the Bank of Deerfield when it took possession of a bar as part of a foreclosure action in which the Bank had been appointed as receiver. The Bank’s action resulted in the bar’s closure. At the time the Bank took possession, Leistikow Properties, LLC owned the bar’s real estate. Loga Investments, LLC owned the bar’s business, Mindy’s Silver Fox Bar & Grill, and the bar’s personal property, including liquor, food, furniture, fixtures, and the money in the till.

In response to the Bank’s conduct, Loga filed a cross-claim to the foreclosure action, which is the subject of this appeal. Loga’s cross-claim alleged that, as a result of the Bank’s shutdown of Loga’s business and confiscation of Loga’s property, the Bank committed conversion, civil theft, and trespass. After a three-day bench trial, the circuit court issued a decision in favor of Loga on all claims, and awarded Loga damages. The Bank appeals three of the court’s determinations: (1) the civil theft judgment; (2) the resulting exemplary damages award; and (3) the circuit court’s calculation of actual damages for conversion. We affirm the circuit court’s ruling in all respects.

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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.