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Opinions

Below is a list of opinions specially selected for public release by judges in the district.  For a detailed search, enter the keyword or case number in the search box above.

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24-CV-524 ANR Pipeline Company v. 9.33 Acres More or Less in Washington County Wisconsin et al

Decision and Order

In an action by a natural-gas company to acquire an easement by eminent domain under section 7(h) of the Natural Gas Act, the landowner raised, as an affirmative defense, the gas company’s failure to comply with the relocation-assistance provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (“URA”), 42 U.S.C. sec. 4625. The court held that an alleged failure to comply with the URA did not impair the gas company’s right to acquire the easement by eminent domain. The court also granted the gas company’s motion for immediate possession of the easement.

File:
PDF icon 24-CV-524 ANR Pipeline Company v. 9.33 Acres More or Less in Washington County Wisconsin et al.pdf
Judge:
Lynn Adelman
Date:
Thursday, August 22, 2024

22-CV-692 Laverenz v. Pioneer Metal Finishing, LLC

Decision and Order Denying Conditional Certification

This is an FLSA case brought by Amanda Laverenz against Pioneer Metal Finishing, LLC, alleging that Pioneer used a timeclock rounding software which deprived her of compensation. Laverenz brought the action on behalf of herself and other similarly situated hourly employees.  She moved to conditionally certify the collective and facilitate notice to all potential plaintiffs so they could learn of the suit and opt in. The court denied her motion.  It rejected the two-step certification process used by district courts in the Seventh Circuit and instead adopted the Fifth Circuit’s approach in Swales v. KLLM Transport Services, L.L.C., 985 F.3d 430 (5th Cir. 2021).  The court concluded that, even under the previous standard,  Laverenz failed to prove she was similarly situated to other hourly employees.

File:
PDF icon 22-CV-692 Laverenz v. Pioneer Metal Finishing, LLC.pdf
Judge:
William C. Griesbach
Date:
Wednesday, August 21, 2024

22-CV-1122 Vander Plaats et al v. Crisis Prevention Institute Inc

Decision and Order

Plaintiffs, former employees of defendant Crisis Prevention Institute, filed this action alleging failure to accommodate, disparate treatment, and retaliation under the Americans with Disabilities Act, as well as interference and retaliation under the Family Medical Leave Act. The court concluded that plaintiffs cannot be considered “qualified individuals” under the ADA because they were unable to perform the essential functions of their job at the time their employment ended. Additionally, plaintiffs failed to meet their burden of demonstrating interference or retaliation under the FMLA. Accordingly, the court granted the defendant-employer’s motion for summary judgement on all claims.

File:
PDF icon 22-CV-1122 Vander Plaats et al v. Crisis Prevention Institute Inc.pdf
Judge:
Lynn Adelman
Date:
Wednesday, August 21, 2024

24-CV-940 The Prudential Insurance Company of America et al v. LaFontain et al

Order

Pursuant to Rule 13804 of the FINRA Code of Arbitration Procedure for Industry Disputes, plaintiffs Prudential Insurance Company of America and Pruco Securities LLC filed a motion for a temporary restraining order against former Prudential employees. As a condition of employment, defendants entered into Statutory Agent Agreements containing a restrictive covenant prohibiting solicitation of former clients for two years following the end of their association with Prudential. Plaintiffs alleged that since their resignation from Prudential in early July, the defendants have been misappropriating confidential information and soliciting their former clients. The court denied the motion, finding that the plaintiffs failed to produce evidence demonstrating some likelihood of success on the merits, a threshold requirement for preliminary injunctive relief.

File:
PDF icon 24-CV-940 The Prudential Insurance Company of America et al v. LaFontain et al.pdf
Judge:
Lynn Adelman
Date:
Friday, August 9, 2024

24-CV-536 ANR Pipeline Company v. 2.99 Acres More or Less in Winnebego County WI and Nancy L. Sturn

Decision and Order

A natural-gas company filed an action under Section 7(h) of the Natural Gas Act to obtain an easement over land for the construction of a pipeline. The court denied the company’s motion for summary judgment on its right to use eminent domain to obtain the easement. The court found that, under an existing easement, the gas company already possessed the property rights necessary to construct the pipeline, and that therefore the use of eminent domain was not necessary to the project, as Section 7(h) requires.

File:
PDF icon 24-CV-536 ANR Pipeline Company v. 2.99 Acres More or Less in Winnebego County WI and Nancy L. Sturn.pdf
Judge:
Lynn Adelman
Date:
Thursday, August 1, 2024

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