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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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18-CV-561 Wisconsin Electrical Employees Health and Welfare Plan et al v. Lewins Electric LLC

 Order Granting Plaintiffs’ Motion for Summary Judgment

Under the Collective Bargaining Agreement, Defendant had to make fringe benefit contributions to the Plaintiff Funds.  Defendant argued that because his workers were only “temporary employees,” he was not required to make contributions on their behalf.  Because the CBA required fringe benefit contributions even for “temporary employees,” summary judgment was granted in Plaintiffs’ favor.

File:
PDF icon 18-CV-561 Wisconsin Electrical Employees Health and Welfare Plan et al v. Lewins Electric LLC (41) .pdf
Judge:
Brett H. Ludwig
Date:
Monday, November 8, 2021

17-CV-1208 Rikkers v. Menard, Inc.

Order Granting Summary Judgment

Plaintiff argued that Menard’s mail-in rebate involved added expenses that deprived him of the full value of the claimed “11%” rebate.  Because the term “rebate” contemplates Menard’s practices, the Court granted summary judgment for Menard’s.

File:
PDF icon 17-CV-1208 Rikkers v. Menard, Inc. (97).pdf
Judge:
Brett H. Ludwig
Date:
Monday, November 8, 2021

20-CV-1090 French et al v. Northwestern Mutual Life Insurance Company et al

Decision and Order

Complaint seeking to revise state-approved insurance rates was dismissed via judgment on the pleadings.  The Filed Rate Doctrine barred all of Plaintiffs’ claims.

File:
PDF icon 20-CV-1090 French et al v. Northwestern Mutual Life Insurance Company et al (51).pdf
Judge:
Brett H. Ludwig
Date:
Friday, November 5, 2021

21-CV-959 Sebring v. Milwaukee Public Schools, et al

Decision and Order

The court remanded to state court a case alleging that the Milwaukee Public Schools’ policy of granting up to ten days of paid union leave to union representatives violated the Wisconsin Constitution. The court determined that the claim under the Wisconsin Constitution did not arise under federal law and that the plaintiff lacked standing as a taxpayer to challenge the policy in federal court. The court declined to award the plaintiff his costs and attorneys’ fees for the wrongful removal on the ground that unusual circumstances counseled against such an award.

File:
PDF icon 21-CV-959 Sebring v. Milwaukee Public Schools, et al (12).pdf
Judge:
Lynn Adelman
Date:
Monday, November 1, 2021

15-CV-1157 Eaton Corp v. Westport Insurance

Decision and Order

The court held that an insured’s claim for declaratory relief to establish coverage for asbestos claims against high-level excess liability insurers was not ripe, and therefore did not present a case or controversy under Article II of the Constitution, because the insured had not shown a practical likelihood of reaching the excess insurers’ attachment points.

File:
PDF icon 15-CV-1157 Eaton Corp v. Westport Insurance (332).pdf
Judge:
Lynn Adelman
Date:
Friday, October 15, 2021

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