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09-3300 Rabe v. United Air Lines, Inc.
Civil Procedure Choice of law A clause in employment contract with an employee in a foreign country stating that the laws of the United States apply is enforceable, even if the employee would not be subject to U.S. law otherwise. “Rabé agreed to the term, as reflected not only by her signature but also by […]
2009AP2331 Kubichek v. Kotecki
Civil Procedure Settlement offers; double costs and interest An insurer has a duty to clarify an ambiguous settlement offer. “Based on Prosser, we conclude Wisconsin Mutual had a duty to clarify Kubichek’s settlement offer. Admittedly, the precise issue in Prosser was the insurer’s duty to clarify ambiguity regarding whether a settlement offer applies to both […]
09-2167 U.S. ex rel. Baltazar v. Warden
Civil Procedure Qui tam actions Where a relator reported that false Medicare claims were being submitted by her former employer, the case was improperly dismissed based on reports of Medicare generally. “Defendants rely heavily on Gear, but to say that a report identifying a uniform practice activates §3730(a)(4)(A) does not imply anything about the effect […]
2010AP1221 In the matter of Guardian ad Litem fees in C.J. Polster (Cahala) v. Riendl
Civil Procedure Attorney of record; GAL fees Robert B. Moodie appeals an order denying his motion to direct Waukesha county to pay his court-appointed guardian ad litem (GAL) fees. The circuit court found that Moodie also served as the attorney of record, thus precluding compensation for his services as GAL. See Wis. Stat. § 757.48(1)(b) […]
2008AP2045 & 2009AP2322 Werner v. Hendree
Civil Procedure Appeals; final orders Where an order did not dispose of the entire litigation, it is not an appealable order. “First, we hold that the court of appeals improperly dismissed as untimely Werner’s appeal of the order ruling that Hendree was ineligible for indemnification, irrespective of the date on which the order was filed. […]
09-1725 Kartman v. State Farm Mut. Ins. Auto. Ins. Co.
Civil Procedure Class actions It was improper to certify a class action against an insurer on behalf of insureds seeking an injunction. “This case is not appropriate for class certification under Rule 23(b)(2). As an initial matter, the plaintiffs’ claim for injunctive relief suffers from some serious conceptual confusion. This is a suit for breach […]
2009AP3055 Mansfield v. Smith
Civil Procedure Default judgment; motions to reopen; excusable neglect Paul Smith appeals the order denying his motion to reopen the case, in which a default judgment for replevin of his vehicle had been entered. He argues that his failure to appear at the initial hearing was caused by excusable neglect and, if the case were […]
2009AP2920 Merten v. Estate of Sylvester E. Strauss, et al.
Civil Procedure Claim preclusion David and Rose Merten appeal from a final order granting summary judgment to the Estate of Sylvester E. Strauss, by Kristine A. Gleichner, personal representative, Dale A. Gleichner, Kristine A. Gleichner and Patrick Gleichner, and denying the Merten’s motion for summary judgment. Because we conclude that all of the elements of […]
2010AP1942-FT Grey v. Bremer Bank, National Association
Civil Procedure Claim preclusion Jeffrey Grey and Lori Grey appeal a summary judgment dismissing their claims against Bremer Bank, National Association. The circuit court dismissed the Greys’ claims as barred by claim preclusion. We agree and, therefore, affirm. This opinion will not be published. 2010AP1942-FT Grey v. Bremer Bank, National Association Dist III, Polk County, […]
10-1266 The York Group, Inc., v. Wuxi Taihu Tractor Co., Ltd.
Civil Procedure Subpoenas; service of process A subpoena naming a proprietorship, in care of an individual, is effective on the individual. “Benefield’s argument is wrong on the merits. He describes One Stop China as his proprietorship. A proprietorship is just a name that a real person uses when doing business; it is not a juridical […]
2010AP1 City of Prescott v. Premium Properties LP, et al.
Civil Procedure Amended complaints; prejudice The City of Prescott issued thirteen citations to Premium Properties, LP, alleging it violated a municipal ordinance that prohibits the storage of fireworks within five-hundred feet of a residence. After an evidentiary hearing, the circuit court ruled that Victory Fireworks, Inc., not Premium Properties, was the proper defendant. The court […]
09-3682 Trustmark Ins. Co. v. John Hancock Life Ins. Co.
Civil Procedure Arbitration An arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. “The district judge also erred in concluding that the arbitrators are powerless to construe the confidentiality agreement. True, that agreement lacks its own arbitration clause, but [&h[...]
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