Claim Preclusion

By: Derek Hawkins//February 1, 2022//

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WI Court of Appeals – District III

Case Name: VHC, Inc., v. Tissue Technology, LLC, et al.,

Case No.: 2020AP2013

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

Focus: Claim Preclusion

Tissue Technology, LLC, appeals an order granting summary judgment and dismissing its third-party complaint against Nicolet Bankshares, Inc. (Nicolet). The circuit court concluded that claim preclusion bars Tissue Technology’s breach of contract claim because Tissue Technology could have pled the claim in an earlier lawsuit between the parties, but it failed to do so. The court also concluded that Tissue Technology did not establish its need for discovery in order to respond to Nicolet’s summary judgment motion. We agree with those conclusions, and we therefore affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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