KLOPPENBURG, J. 1 In July 2009, Minnesota's Attorney General filed a complaint against the National Arbitration Forum ("NAF"), a third-party arbitration service, alleging fraud and challenging NAF's suspect ties to the consumer loan and debt collection industries. Shortly after the lawsuit was filed, NAF entered into a consent judgment in which it agreed not to administer, process, or in any manner participate in any new consumer arbitration on or after July 24, 2009. After NAF exited the...
LUNDSTEN, P.J. 1 Wisconsin's marriage amendment, ratified by voters in 2006, declares that the only "marriage" recognized in Wisconsin is a marriage "between one man and one woman." The amendment prohibits samesex couples from entering into a "legal status identical or substantially similar to that of marriage." WIS. CONST. art. XIII, 13. 2 In 2009, our legislature passed a domestic partnership law, WIS. STAT. ch. 770. 1 This law creates the "legal status" of "domestic partnership"...
REILLY, J. 1 Larry Krueger purchased a water softener from Menards and installed it in a house he owned. The water softener was manufactured by Hague Quality Water, International and had a limited warranty. The warranty provided that in the event of a defect, Hague would repair or replace the defective parts but would not be responsible for any "incidental, consequential or secondary damages." 2 The water softener is alleged to have failed two years after its purchase by Krueger, causing...
REILLY, J. 1 1 Sovereign immunity bars suit against the State of Wisconsin unless the legislature has clearly and expressly consented to be sued. Hoops Enterprises, III, LLC filed a lawsuit against the State in an action seeking relief due to damage allegedly caused by roadwork overseen by the Department of Transportation (DOT). The State moved to dismiss on grounds of sovereign immunity. The circuit court denied the State's motion, concluding that WIS. STAT. 88.87 and 32.18 2...
CURLEY, P.J. 1 Michael D. Phillips, Perry A. Petta, and Walkers Point Marble Arcade, Inc. (collectively, "Phillips") appeal the trial court's order granting declaratory/summary judgment to American Family Mutual Insurance Company ("American Family"), an intervening defendant that issued a business owner's policy to Aquila Group, LLC, an entity owned by Daniel G. Parmelee (collectively, "Parmelee"). Parmelee sold an apartment building to Phillips that was covered by the American Family policy....
NEUBAUER, P.J. 1 Texas Roadhouse, Inc. appeals from a judgment in favor of Kevin J. Hansen. A jury awarded Hansen punitive damages for injury he suffered after he discovered human hair intentionally placed in his food by a Texas Roadhouse employee. Texas Roadhouse contends that the trial court erred in upholding the punitive damages award because the jury did not find Texas Roadhouse causally negligent. We agree. Hansen pled and the jury considered and rejected liability based on negligent...
KESSLER, J. 1 This is an appeal from a judgment of the circuit court whereby U.S. Title and Closing Services (UST) challenges the denial of its motions for summary judgment and judgment notwithstanding the verdict, following a jury trial. 1 The jury found that UST, along with multiple other defendants, conspired to deprive Gustavo Montalvo of his interest, title and rights over property owned by Montalvo and his former wife, Carmen Rodriguez, by forging Montalvo's signature on a quit claim...
MANGERSON, J. 1 Between October 1969 and February 1980, Certain Underwriters at Lloyd's & London Market Insurance Companies ("Lloyd's") supplied Ansul, Inc. and Tyco International (US), Inc. ("Ansul") with nine excess policies with varying coverage dates. From the 1950s to 1977, Ansul caused severe environmental damage by contaminating groundwater near the Menominee River with substantial quantities of arsenic. The Wisconsin Department of Natural Resources ("DNR") became involved in the...
BRENNAN, J. 1 Shawn David Schulpius, in July 1996, was civilly committed by the State as a sexually violent person under WIS. STAT. ch. 980 (2009-10). 1 In January 2010, his petition for discharge was denied after a hearing before a jury. He now appeals from the circuit court's order denying his subsequent August 2010 petition for discharge without a hearing. Schulpius argues that: (1) the circuit court applied the wrong standard to determine whether his August 2010 petition entitled him to...
CANE, J. 1 Bryan and Lora Bierbrauer appeal a judgment of foreclosure entered in favor of PNC Bank, N.A. The Bierbrauers argue the circuit court erred by granting PNC's summary judgment motion. They contend there is a disputed issue of material fact as to whether PNC has the right to enforce the underlying note. We disagree and affirm. BACKGROUND 2 PNC brought this foreclosure action against the Bierbrauers, alleging that it was the "current owner and holder of a certain note and...
CURLEY, P.J. 1 Calvin L. Brown appeals the judgments convicting him of numerous robbery charges, including one count of robbery with the threat of force, as party to a crime. He also appeals the order denying his postconviction motion. Brown argues that his plea colloquy was defective because the trial court did not explain party to a crime liability during his plea hearing. We disagree. Party to a crime liability includes situations in which the defendant directly commits the crime, and...
KLOPPENBURG, J. 1 Robert Hoague appeals an order dismissing his civil complaint against Kraft Foods Global, Inc. The circuit court dismissed the case due to Hoague's failure to file his complaint within the sixty-day limitation period established in WIS. STAT. 103.10(13)(b) (2009-10). 1 On appeal, this court must determine when the sixty-day limitation period begins to run under 103.10(13)(b). For the reasons set forth below, we conclude that Hoague timely filed his complaint and...
GUNDRUM, J. 1 Marilee Devries appeals from her judgment of conviction for operating while intoxicated and orders denying her motions to suppress for lack of reasonable suspicion and probable cause. She argues that a preliminary breath test (PBT), requested by her probation agent but actually administered by a police officer, was an unlawful police search and, therefore, the test result and all fruits derived from it should have been suppressed. Devries concedes that if the administration of...
BROWN, C.J. 1 This is a dispute between a fifty-percent shareholder in two closely held corporations and the Estate of the other fifty-percent shareholder. The shareholders were negotiating the sale of their shares to a third party when one of the shareholders died. Negotiations between the surviving shareholder and the potential buyer broke off. The Estate sued the surviving shareholder for breach of his alleged fiduciary duty as a fifty-percent shareholder and as a director, claiming that...
FINE, J. 1 This case comes to us because Randy L. Betz and Diamond Jim's Auto Sales settled Betz's lawsuit against Diamond Jim's without the knowledge of their respective lawyers. Betz's lawyers sought fee-shifting attorney's fees from Diamond Jim's pursuant to WIS. STAT. 100.18(11). The trial court rejected their claim in an order dated December 8, 2011. Although designated by the circuit court as "the final order of the court for the purposes of appeal," and the order also indicated that...
HOOVER, P.J. 1 R.G. Hendricks & Sons Construction, Inc., appeals a summary judgment dismissing Pekin Insurance Company from the action. The court concluded that Pekin's policy afforded no coverage for the claims asserted against Hendricks, and that Pekin therefore had no duty to indemnify or further defend Hendricks. Hendricks argues the policy does afford coverage. We disagree, and affirm. BACKGROUND 2 This case arises from the construction of several service stations. Hendricks...
BRENNAN, J. 1 Godfrey & Kahn, S.C., petitions for a supervisory writ of prohibition, pursuant to WIS. STAT. 809.51 (2009-10), 1 to prevent the trial court, Reserve Judge Dennis J. Flynn presiding, from signing and entering a judgment against Godfrey & Kahn for legal bills and costs in Stone v. Midwest Air Group, Inc., Milwaukee County Circuit Court Case No. 2008CV15335. In an oral ruling at a post-verdict motion hearing, the trial court, sua sponte, invoked its inherent authority and...
BROWN, C.J. 1 In this case we decide that, even though the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action, the failure to authenticate the affidavit in this instance was a technical and not a fundamental error where the deficiency was due to a clerk's error. Our supreme court has held that when the failure to authenticate is due to a clerk's error, the error is technical. We affirm the...
HOOVER, P.J. 1 Transport Insurance Company appeals a judgment declaring that an excess umbrella policy issued to NCR Corporation provided coverage for NCR's liability for polychlorinated biphenyl (PCB) contamination of the Lower Fox River in Wisconsin. Transport also appeals a judgment entered against it for the $5,000,000 policy limit. Transport argues the circuit court erroneously: chose to apply Wisconsin law rather than Ohio law; granted NCR summary judgment as to whether the damage was...
FINE, J. 1 Christopher J. Felton appeals the judgment entered on his guilty plea convicting him of a fourth offense drunk driving under WIS. STAT. 346.63(1)(a) and 346.65(2)(am)4m. 1 He argues that the police officer who arrested him did not have probable cause to give him a preliminary-breath test because he passed all of the properly administered field sobriety tests. He also argues that there was no evidence that the preliminary-breath-test instrument was approved or certified as...
