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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-1519 Green v. Olympus Group Inc

Decision and Order

The court denied the defendant’s partial motion to dismiss a complaint under Rule 12(b)(6). The court explained that, because the complaint stated a claim and was supported by one valid legal theory, the court would not scrutinize plaintiff’s alternative legal theories—which were organized into separate “counts”—at the pleading stage. Under notice-pleading standards, plaintiff was not required to plead legal theories in the first place or facts corresponding to the elements of the theories, and defendant’s arguments relating to potential legal defects in the theories were better addressed at summary judgment. The court also held that a claim under the Wisconsin Deceptive Trade Practices Act, Wis. Stat. sec. 100.18, is not a claim for fraud that needed to be pleaded with particularity under Rule 9(b).

File:
PDF icon 24-CV-1519 Green v. Olympus Group Inc.pdf
Judge:
Lynn Adelman
Date:
Friday, April 25, 2025

24-CR-179 USA v. Chambers

Order Clarifying Role of Standby Counsel

In this criminal case, the court granted the defendant’s motion to represent himself but appointed standby counsel to assist the defendant in the event he needed or requested such assistance during trial.  In light of the defendant’s objection to standby counsel’s involvement in his defense in any capacity, standby counsel requested clarification from the court as to his responsibilities.  This order clarifies the role of standby counsel in a criminal case.

File:
PDF icon 24-CR-179 USA v. Chambers (92).pdf
Judge:
William C. Griesbach
Date:
Wednesday, April 16, 2025

23-CV-656 March v. Town of Grand Chute et al.

Decision and Order on Cross-Motions for Summary Judgment

James March, the former Town Administrator for the Town of Grand Chute, brought this 42 U.S.C. § 1983 action against the Town and three members of its Board of Supervisors—Ronald Wolff, Jason Van Eperen, and Jeffrey Ings—alleging that they violated his First Amendment and due process rights by terminating his position in retaliation for his cooperation with a criminal investigation of the individual defendants’ misconduct.  Wolff countered with his own § 1983 claim, alleging that March violated his First Amendment rights by setting him up for a criminal investigation in retaliation for Wolff’s political activity.  The parties filed motions for summary judgment on all claims.  The court granted Defendants’ motions for summary judgment on March’s claims as well as March’s motion for summary judgment on Wolff’s counterclaims and dismissed the case.

File:
PDF icon 23-CV-656 March v. Town of Grand Chute et al. (123).pdf
Judge:
William C. Griesbach
Date:
Tuesday, April 8, 2025

23-CV-1241 SO v. Milwaukee County Sheriff's Department et al

Decision and Order

The plaintiff alleged that she was sexually harassed and assaulted multiple times by a corrections officer while she was a detainee at the Milwaukee County Jail. She alleged claims against the corrections officer, his supervisor, and Milwaukee County under 42 U.S.C. sec. 1983 and state law. The County’s insurer intervened to contest coverage and filed a motion for summary judgment to establish the lack of a duty to defend or indemnify the corrections officer. The court granted the motion, finding that the alleged acts of harassment and assault were not within the scope of employment, and therefore the corrections officer was not an “insured.” In a separate motion for summary judgment, the County and the supervisor argued that they could not be liable under sec. 1983 for the corrections officer’s misconduct. The court determined that plaintiff had failed to show a genuine factual dispute as to whether her injuries were caused by a widespread practice or a failure to train, as would be required to establish the County’s liability under Monell v. Department of Social Services. The court also found that the supervisor was not personally involved in the alleged harassment and assaults and therefore was not liable under sec. 1983.

File:
PDF icon 23-CV-1241 SO v. Milwaukee County Sheriff's Department et al.pdf
Judge:
Lynn Adelman
Date:
Thursday, February 13, 2025

24-CV-1281 Champion Power Equipment Inc v. Generac Power Systems Inc

Decision and Order

The court denied a motion to dismiss under Rule 12(b)(6) and a motion for a more definite statement under Rule 12(e). The court’s opinion on the motion to dismiss addressed the pleading standard applicable to claims of patent infringement. In particular, the court determined that when the patent claims relate to simple mechanical systems and nothing in the complaint indicates that all claim elements would not be found in the accused product, the plaintiff does not have to explain in the complaint exactly how the accused product might infringe. To plead a plausible claim, it is enough for the complaint to allege that all claim elements are found in the accused product, either literally or equivalently.  In denying the motion for a more definite statement, the court determined that the defendant was not entitled to receive the plaintiff’s theories of claim construction and infringement before filing an answer. Those details would come in the ordinary course of discovery, and the defendant did not show that the lack of such details hindered its ability to file an answer.

File:
PDF icon 24-CV-1281 Champion Power Equipment Inc v. Generac Power Systems Inc.pdf
Judge:
Lynn Adelman
Date:
Wednesday, January 22, 2025

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