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Tag Archives: claim preclusion

2010AP878 Wisconsin Public Service Corp. v. Arby Construction, Inc.

Civil Procedure Claim preclusion Where an affirmative defense in a prior action is the functional equivalent of a cross-claim, claim preclusion can be applied in a subsequent action between parties who were both defendants in the prior action. “AEGIS’s argument that none of the three elements of claim preclusion are met is based on the form of the pleading as ...

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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 claim preclusion have been met ...

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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 This opinion will not be published. 2010AP1942-FT Grey v. Bremer Bank, National Association Dist III, Polk County, Galewyrick, J., Per Curiam Attorneys: ...

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2010AP1594 Brown v. Wisth

Property Landlord-tenant; breach; claim preclusion Cassie Wisth appeals from a judgment of the circuit court awarding $2411.21 to Brook and Elizabeth Brown for breach of a lease and property damage. Wisth argues that a previous judgment against her former co-tenant barred the court from awarding a judgment against her. The issue in this appeal is whether the doctrine of claim ...

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