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Case Digests

Easement – Damages

David Hestekin, Teresa Hestekin, and Bruce Remington (collectively, “the Hestekins”) appeal a summary judgment declaring they do not have a second easement over property owned by Cynthia Weir and Kane Road Farms, LLC (collectively, “Weir”), and awarding Weir damages for lost income resulting from her inability to farm the land upon which the Hestekins trespassed.

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Court Error – Indemnification

Wisconsin Lawyers Mutual Insurance Company and its insureds, attorney James Vance and law firm Vance, Wilcox & Martin, S.C. (collectively, Vance), appeal an order of the circuit court dismissing their amended third-party complaint against VH Land, LLC, Spruce Hollow Land, LLC, MREC VH Madison, LLC, Veridian Homes, LLC, and David Simon (collectively, the Buyers).

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Injunctive Relief

Antonio Lopez-Aguilar brought this action against the Marion County Sheriff’s Department (“the Sheriff’s Department”), Sheriff John R. Layton, in both his official capacity and his individual capacity, and a sergeant of the Sheriff’s Department, in his individual capacity (together, “the defendants”).

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The district court found that Spectrum Brands, Inc. (“Spectrum”) violated section 15(b) of the Consumer Product Safety Act (“CPSA” or the “Act”), 15 U.S.C. § 2064(b)(3), when its subsidiary failed to timely report to the government a potentially hazardous defect in its Black & Decker SpaceMaker coffeemaker despite years’ worth of consumer complaints about the product.

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Breach of Fiduciary Duty

In the fall of 2011 Caterpillar Inc. began making serious inquiries about the possible acquisition of a Chinese mining company, ERA Mining Machinery Ltd., and its wholly‐owned subsidiary, Zhengzhou Siwei Mechanical & Electrical Equipment Manufacturing Co., Ltd. (We refer to the two companies as “Siwei” for simplicity.)

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