Civil Procedure Issue preclusion

Civil Procedure Appeals; record

Civil Procedure Contempt; sanctions

Civil Procedure Diversity jurisdiction; corporations

Civil Procedure Appeals; jurisdiction

Civil Procedure Removal; remand

Civil Procedure Service

Civil Procedure Excusable neglect

Civil Procedure Dismissal

Civil Procedure Postjudgment motions; timeliness

Civil Procedure Statute of limitations; relation back statute

Civil Procedure Judicial recusal

Civil Procedure Appeal; final judgment

Civil Procedure Dismissal; waiver

Wisconsin courts have no jurisdiction over a parent corporation merely because they have jurisdiction over a subsidiary.

Civil Procedure Personal jurisdiction

Civil Procedure Intervention

Civil Procedure Personal jurisdiction; foreign corporations

Civil Procedure Personal jurisdiction

Civil Procedure Subject matter jurisdiction

Civil Procedure Class actions

Civil Procedure Right to counsel; civil contempt

Civil Procedure Class actions; privity A denial of class certifications is not binding on unnamed putative class members. The District Court’s injunction was independently improper because Smith was not a party to the federal suit and was not covered by any exception to the rule against nonparty preclusion. Generally, a party “is ‘[o]ne by or against whom a lawsuit is ...

Civil Procedure CAFA It was error for a district court to conclude without explanation that a plaintiff’s attorney’s fees were less than $5,000. “The district court also failed to satisfactorily explain why it was legally impossible for there to be at least $5,552 in attorneys’ fees in controversy at the time of removal. The district court correctly held that only ...

Civil Procedure Costs; offer of judgment State Farm Mutual Automobile Insurance Company appeals an order for judgment entered upon a jury verdict in favor of Judith Golz. The question is whether State Farm issued a valid statutory offer of judgment to Golz, pursuant to Wis. Stat. § 807.01 (2009-10). The trial court said no, and so denied State Farm its ...

Civil Procedure Issue preclusion Where assumed facts were not actually litigated, determined based on evidence or essential to a judgment in a prior proceeding, issue preclusion does not apply. “It is evident from the record that the facts involved in Nash’s alleged negligence were often disputed but not actually litigated or determined in the prior proceeding concerning Harborview’s professional negligence ...

Civil Procedure Default judgment; motions to vacate A party may, nearly a year after the entry of a default judgment, move to vacate the judgment on the ground that it was void for a lack of personal jurisdiction. “[T]he defendants’ letter to the district court did not constitute an appearance or submit the defendants to the district court’s jurisdiction. Although ...

Civil Procedure Sanctions; dismissal Where a case is settled, but the plaintiff backs out, the district court may dismiss the lawsuit as a sanction. “We do not render this decision lightly. The settlement agreement that was vacated provided for what on all accounts appeared to be a significant recovery for Lewis; the defendants had even admitted liability on the FMLA ...

Civil Procedure Standing; illegal aliens Luis Cervando Enciso-Lopez appeals a small claims court judgment in which the court found that he lacked standing to sue Virgilio and Neisy Monteagudo and La Gordola, Inc. (collectively, “the Monteagudos”). Enciso contends that the small claims court erred when it held that he did not have standing to sue because his oral contract with ...

Civil Procedure Tribal jurisdiction John Kroner appeals an order transferring his civil suit to the Oneida Tribal Judicial System pursuant to Wis. Stat. § 801.54,[1] titled, discretionary transfer of civil actions to tribal court. Kroner argues the circuit court erred because the record did not support its determination that the tribal court had concurrent jurisdiction. Kroner further contends the court ...