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.
19-CV-25 Smith v. Recordquest, LLC
Order
11-CV-560 US v. Sikorsky Aircraft Corporation
Decision and Order
The court struck affirmative defenses that were not pleaded with the level of detail required by Heller Financial, Inc. v. Midwhey Powder Co., Inc., 883 F.2d 1286 (7th Cir. 1989). However, the court gave reasons for applying a relaxed pleading standard to affirmative defenses and concluded that the “plausibility” standard that applies to claims for relief does not apply to affirmative defenses.
18-CV-2035, Wisconsin Freeze Dried LLC v. Redline Chambers, Inc.
Motion to remand decision
Case 07-CV-303 Burton v. American Cyanamid Co
07-CV-303 Burton v. American Cyanamid Co
Docket #1070 The court held, inter alia, that (1) white lead carbonate (WLC) manufacturers did not owe plaintiff a duty to warn , such that plaintiff's duty-to-warn claims could sound only in strict liability and not in negligence; (2) the bulk supplier doctrine applies such that manufacturers of WLC who sold their product to third-party manufacturers for integration into paint did not owe end consumers a duty to warn.
07-CV-303 , Burton v. American Cyanamid Co
Docket #1060 The court held that defendant manufacturers of white lead carbonate in a case proceeding under Wisconsin's risk-contribution theory of liability are entitled to present an exculpatory defense asserting that chemical analysis of paint chips found in plaintiff's home indicates that WLC manufactured by the defendant is not present.
15-CV-1496 Stocks et al v. DoAll Company
The court found that employee-plaintiff's failure to disclose wage-and-hour claim against employer in her Chapter 13 bankruptcy proceeding was product of inadvertence or mistake, such that she should not be judicially estopped from pursuing the claim.
