Trusts Attorney fees Joann Seevers Wolfgram appeals and David Wolfgram and Diane Krawczyk as co-trustees of the James H. Wolfgram Revocable Trust cross-appeal from an order establishing the trust’s monthly obligation to Joann and requiring the establishment of an account for the benefit of Joann. The co-trustees also appeal from an order awarding Joann costs and attorney’s fees. We affirm ...

Civil Procedure Sanctions; attorney fees Fidelis Omegbu, pro se, appeals the circuit court’s order dismissing this action. The issues are whether the circuit court properly ordered Omegbu to pay partial attorney fees as a sanction for filing summary judgment motions contrary to circuit court order and whether the circuit court properly dismissed this action as a sanction for Omegbu’s failure ...

Property Foreclosure; attorney fees Nelson Walstead purchased rental property from Brentwood Condo, LLC, with a loan secured in part by a mortgage on Walstead’s personal residence. When Walstead failed to comply with certain terms of the mortgage and note, Brentwood initiated this foreclosure action. Walstead asserted affirmative defenses and filed a counterclaim against Brentwood and third-party claims against Gordon Becker, ...

Intellectual Property Lanham Act; attorney fees A case under the Lanham Act is “exceptional,” in the sense of warranting an award of reasonable attorneys’ fees to the winning party, if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in ...

By Pat Murphy Dolan Media The U.S. Supreme Court will decide the extent to which defendants in a civil rights case are entitled to attorney fees under Section 1988 after obtaining the dismissal of a frivolous claim that involved interrelated non-frivolous claims. The court agreed to review a ruling from the 5th Circuit involving a Section 1983 plaintiff who alleged ...

Employment Wage claims; attorney fees Cindy Mendez appeals a circuit court reduction of an award of attorney fees in a wage claim action against her former employer, Attorney Khaja M. Din. Mendez argues that the court erroneously exercised its discretion in reducing the fee award because (1) the record did not support the court’s determination; (2) the court failed to ...

Consumer Protection FDCPA; attorney fees Erik and Stacy Hanson appeal from orders granting their motion for summary judgment in part but denying them damages and attorney fees against the Madden Law Firm (MLF). MLF cross appeals the order determining that it violated the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692e(11), 1692g(a) (2006). We affirm the orders and ...

Family Property division; maintenance; attorney fees Wanda Lee Emerson appeals and James Emerson cross-appeals a divorce judgment. Wanda argues the circuit court erred by excluding from the property division crops that were planted but not yet harvested, as well as prepaid expenses for next year’s crop. James challenges the court’s determination on maintenance and an award of attorney fees to ...

Civil Procedure Common fund doctrine; attorney fees Security Health Plan of Wisconsin, Inc., appeals that part of a judgment awarding Autumn Worden attorneys’ fees and costs from subrogated medical expenses that had been awarded to Security during Worden’s medical malpractice trial. Security argues the court erred by applying the common fund doctrine to the facts of this case. Alternatively, Security ...

Civil Procedure Attorney fees Individual scrutiny of line-item entries is not necessary or appropriate in contractual fee-shifting cases. “Emigrant submits that allowing the submission of redacted bills effectively amounts to a prepayment standard- if the prevailing party has paid its legal bills, the opposing party must pay those costs. This result, in Emigrant’s view, would vitiate the reasonableness requirement. In ...