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11-C0171 Williams v. C&D Technologies, Inc.
Civil Procedure Subject matter jurisdiction
09-1205 Smith v. Bayer Corp.
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 […]
11-8001 ABM Security Services, Inc., v. Davis
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 […]
2010AP1732 Golz, et al. v. State Farm Mutual Automobile Insurance Company, et al.
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 […]
2010AP1802 Harborview Office Center, LLC, v. Nash
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 […]
10-2854 Philos Technologies, Inc., v. Philos & D, Inc.
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 […]
10-1453 Lewis v. School District #70
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 […]
2010AP1519 Enciso-Lopez v. Monteagudo, et al.
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 […]
2010AP2533 Kroner v. Oneida Seven Generations Corporation
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. […]
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