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Tag Archives: LLC

Employment — MPPAA

11-3513 & 12-1333 Central States Southeast and Southwest Areas Pension Fund v. Messina Products, LLC

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10-3009 Verkuilen v. MediaBank, LLC

Employment FLSA; overtime An account manager for a software company is not entitled to overtime. “The account manager is not a salesman for Best Buy or a technician sitting at a phone bank fielding random calls from her employer’s customers—instead she’s on the customer’s speed dial during the testing and operation of the customer’s MediaBank software. As the intermediary between ...

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2010AP1140 First Weber Group Northern Wisconsin, LLC, v Guyant

Contracts Real estate commissions Where a home seller had contact with the buyer before the broker’s contract expired, the broker is entitled to a commission although the sale occurred after expiration. “[W]e conclude that Bushman did discuss with the Guyants ‘potential terms upon which [she] might acquire an interest in [their] Property’ when they discussed Bushman’s desire not to have ...

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2009AP2784 Klemm v. American Transmission Co., LLC

Property Eminent domain; litigation expenses Litigation expenses may be awarded if an appeal is taken from a negotiated price. “Evaluating the statutory language of Wis. Stat. § 32.28(3)(d) and § 32.06(2a) within the context of the comprehensive condemnation statutes, we conclude that an owner who accepts the negotiated price under § 32.06(2a), timely appeals that price, and subsequently receives an ...

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10-1846 Loudermilk v. Best Pallet Co., LLC

Employment Retaliation Where an employee was fired after submitting a note complaining about racial discrimination, summary judgment was improperly granted to his employer on his retaliation claim. “Best Pallet insists that Lyons did not read the note before firing Loudermilk, but Lyons himself says that he did read it (though Lyons maintains that Loudermilk delivered the note some days before ...

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2009AP828 Tews v. NHI, LLC

Civil Procedure Relation-back doctrine Where two entities share offices have the same registered agent and the same attorney, a complaint against one relates back to an earlier complaint filed against the other. “An examination of these pleadings reveals the following undisputed facts: The timing of the incident is undisputed, the location of the incident is undisputed, and that Tews actually ...

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2009AP3029 Crown Castle USA, Inc., v. Orion Construction Group, LLC

Debtor-Creditor Supplemental examinations Circuit courts and court commissioners have authority under secs. 816.03 and 816.06 to require a third-party company sharing common ownership with a judgment debtor to submit to a supplemental examination. “A judgment creditor has the right to apply any property of the judgment debtor or due to the judgment debtor, not exempt from execution, toward the satisfaction ...

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09-2658 Mobile Anesthesiologists Chicago, LLC, v. Anesthesia Associates of Houston Metroplex, P.A.

Civil Procedure Personal jurisdiction A doctor in Texas, licensed only in Texas, cannot be sued for cybersquatting in Illinois. “A defendant’s deliberate and continuous exploitation of the market in a forum state, accomplished through its website as well as through other contacts with the state, can be sufficient to establish specific personal jurisdiction. See, e.g., uBID, Inc. v. The GoDaddy ...

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