Publications: Commercial Litigation

  • New Business Docket to Help Resolve Business Disputes

    May 15, 2017

    Wisconsin may tweak the way its courts handle business disputes. Beginning July 1, a Commercial Court Docket, or “business docket,” will undergo a three-year trial period in Waukesha County and the Eighth Judicial District (which comprises Brown, Door, Kewaunee, Marinette, Oconto, Outagamie, and Waupaca Counties). After that, the Wisconsin Supreme Court will consider whether to broaden the docket to the entire state. Which cases will go on the business docket? Many business disputes involve federal law, or a party from another state, and those cases generally end up in federal court. That will not change. However, where the parties cannot or...

  • Knowing is Winning: How to Trigger Insurance Coverage in Commercial Litigation

    May 5, 2016

    Quite simply, successful litigation from the plaintiff’s perspective is one that results in a net recovery. Whether or not a business should invest in litigation against a supplier, customer, or competitor is a business decision. That business decision often turns on many factors, but one crucial inquiry is whether or not a potential monetary recovery will materially exceed the financial investment in the litigation to make the time and distraction worthwhile. Therefore, of utmost concern before commencing a case is evaluating the potential collectability of the defendant. Regardless of the collectability of the defendant itself, it is imperative that a...

  • Shifting Sands: Uncertainty Emerges for Businesses Expecting Insurance Companies to Defend Their Coverage

    June 16, 2015

    In the wake of recent pro-insurance company rulings in Wisconsin courts, businesses and their owners will need to proceed with extra caution when asking their insurance company to defend lawsuits that may arise from their business dealings. While many suits are typically covered under a policy, all too often an insurance company disputes coverage, which leads to the business having to expend time and resources out of pocket to fight with its insurer. Historically, Wisconsin courts have placed strong incentives on insurance companies to proceed with caution in disputing coverage. However, recent decisions have curtailed those incentives. When an insurance company...

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