Contempt- Unfair Sales Act-Sanctions

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Pine Ridge Wausau, LLC v. Krist Oil, Co.

Case No.: 2022AP001793

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

Focus: Contempt- Unfair Sales Act-Sanctions

Krist Oil, Co., appeals from a judgment awarding $705,093.54 to Pine Ridge Wausau, LLC, and Carkelsy, Inc., based on Krist’s violations of an injunction. Krist argues that the circuit court erred by: (1) imposing a remedial contempt sanction under WIS. STAT. ch. 785 (2021-22);1 (2) retroactively applying the supreme court’s holding in Tetra Tech EC, Inc. v. DOR, 2018 WI 75, 382 Wis. 2d 496, 914 N.W.2d 21; and (3) citing Wisconsin’s Unfair Sales Act as an alternative basis for awarding damages to Pine Ridge and Carkelsy.

The appeals court rejects Krist’s arguments and affirms the circuit court’s judgment, and remands for the court to determine the amount of the attorney fees and costs that Pine Ridge and Carkelsy are entitled to recover in connection with this appeal, as provided in the parties’ settlement agreement and the injunction. The appeals court denies Pine Ridge and Carkelsy’s motion for sanctions under WIS. STAT. RULES 809.25(3) and 809.83(2).

Affirmed and remanded.

Decided 02/21/24 

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