19-CV-505 Rickie K. Smith v. Rockwell Automation
Decision and Order
The court found that a complaint stated a claim for relief under the Employee Retirement Income Security Act of 1974 based on a pension plan’s alleged failure to use reasonable mortality tables when determining actuarial equivalence of pension annuity forms.
18-CV-815 Turner v. Ferguson
Summary Judgement
The court granted summary judgment to Glendale police officers on the plaintiff’s class-of-one equal-protection claim after finding that the evidence in the record would not allow a reasonable jury to find that officers deprived her of evenhanded protection from loose dogs.
17-CV-862 Estate of Sylville K Smith v. City of Milwaukee et al
Decision and Order
Section 1983 claim for excessive force against police officer and city. The court determined that the defendants were not entitled to summary judgment where video evidence and precedent did not support theory that defendant-officer was entitled to qualified immunity.
07-CV-303 Burton v. American Cyanamid et al
Post Verdict Motions
The court held that Wisconsin public policy factors were not a bar to liability under risk contribution theory in white lead carbonate pigment cases, and that whether a product is fungible for risk contribution purposes is a question of law to be determined by the court as early as practicable in litigation.
16-CV-0987 Edith Mae May v. Sara Christain
16-CV-1131 Edith Mae May v. Jason Jesky
16-CV-1150 Edith Mae May v. Ron Kellar
16-CV-1552 Edith Mae May v. Tightwad Magazine, et al
16-CV-1669 Edith Mae May v. Charles Brown, et al
Filing Fee Motion
15-CV-1157 Eaton Corporation v. Westport Insurance Corporation et al
Real Party in Interest Motion
The court addressed the meaning of “real party in interest,” as that phrase is used in Federal Rule of Civil Procedure 17(a). The court concluded that Rule 17(a) generally does not apply to defendants. The court also concluded that to the extent Rule 17(a) applies to defendants, it does not require the defendant’s indemnitor to be substituted for the defendant as the real party in interest.
18-CV-147 Walker v. Pollard
Decision and Order
The court determined that a state prisoner is entitled to an evidentiary hearing to prove the allegations made in his petition for a writ of habeas corpus.
18-CV-1551 Roumann Consulting Inc et al v. Symbiont Contstruction Inc et al
Motion to Dismiss
The court dismissed a suit for claim splitting, which applies when a later-filed suit is duplicative of a pending suit in which no final judgment has been entered.
18-CV-1240 J3 Engineering Group LLC v. Mack Industries of Kalamazoo LLC et al
Decision
15-CV-1157 Davis v. Eckstein et al
Decision and Order
Applying Wisconsin’s choice-of-law rules, the district court concluded that no conflict of law exists when the forum state’s law on a matter is settled and the other state’s law is uncertain. In that circumstance, the court applies forum law.
