Recent Case Law

Property Owner’s Rights/Environment/State vs. Local Control

Yesterday, the Wisconsin Court of Appeals ruled in favor of a property owner seeking to reclaim an abandoned quarry over the objection of the Village of Richfield, Wisconsin.  See, Scenic Pit LLC v. Village of Richfield.  The Court held that Wisconsin’s comprehensive statute and DNR regulation regarding the siting of solid waste facilities preempts the […]
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Expedited Discovery in Microsoft Case Against Brookfield Man

September 22, 2016, United States District Judge Pamela Pepper granted Microsoft’s motion for expedited discovery in action against Brookfield man filed in Eastern District of Wisconsin in Milwaukee, alleging sale of pirated Windows license keys.  The Court denied concurrent requests for pre-judgment freeze on the defendants’ assets.  This is not surprising as this motion was […]
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The High Cost of Litigation

I originally chose to read New Richmond News, et al. v. City of New Richmond because of an interest in the scope of open records law in Wisconsin and its relationship to the federal Driver’s Privacy Act (18 U.S.C. § 2721), but was initially awed by this sentence: “[a] A judgment was entered on July […]
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Grandparents’ Visitation Rights Clarified

In S.A.M. v. Meister, 2014AP1283, the Wisconsin Supreme Court clarified a grandparent’s rights to visitation with their grandchildren under § 767.43(1), Wis. Stats., holding that a grandparent need not prove “he or she has maintained a relationship similar to a parent-child relationship with the child,” if visitation is deemed by the court to be in […]
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Exculpatory language in franchise agreement ruled void

In a decision released on May 9, the Wisconsin Court of Appeals ruled that an exculpatory clause in a franchise agreement that no representations were being made regarding the income or success of the franchise was not sufficient to exclude claims for misrepresentation.  C&M Hardware, LLC v. True Value Company.  The court found that by […]
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