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Punitive Damages

WI Court of Appeals – District IV

Case Name: Jasen Dane Ranch, LLC, v. Nelson Hardwood Lumber Company, Inc., et al.,

Case No.: 2019AP1774

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

Focus: Punitive Damages

Nelson Hardwood Lumber Company, Inc., mismarked a property boundary line and, as a result, erroneously harvested trees from a parcel that belongs to Jasen Dane Ranch, Inc. (JDR). The sole question for trial was whether JDR is entitled to punitive damages as a result of Nelson Hardwood’s conduct. The circuit court determined that JDR had not established a prima facie case for punitive damages and, pursuant to WIS. STAT. § 895.043(4) (2017-18), the court declined to submit a punitive damages question to the jury. We affirm.

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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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