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Wisconsin Consumer Act Violation – Sanctions

By: Derek Hawkins//April 28, 2020//

Wisconsin Consumer Act Violation – Sanctions

By: Derek Hawkins//April 28, 2020//

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WI Court of Appeals – District IV

Case Name: Karl Brumfield, et al. v. Westlake Services, LLC,

Case No.: 2018AP1552

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

Focus: Wisconsin Consumer Act Violation – Sanctions

Karl and Yalonda Brumfield (Brumfield) appeal from orders (1) dismissing Brumfield’s claims against Westlake Services, LLC, for alleged violations of the Wisconsin Consumer Act; and (2) awarding sanctions to Westlake. For the reasons that follow, we affirm the orders.

Westfield moves for a determination that the appeal is entirely frivolous. WIS. STAT. RULE 809.25(3) (2017-18). We grant the motion. Accordingly, we remand this matter to the circuit court to determine the costs, fees, and reasonable attorney’s fees, if any, to be paid entirely by Brumfield’s counsel, and awarded to Westlake.

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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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