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Litigation

What Constitutes a Construction Defect?

Building a new home or dwelling creates a sense of pride for the owner. Turning hard-earned money into a practical application that you design is a big moment and should be celebrated.  Unfortunately, there are situations where construction defects can literally crash the party. When this happens, the attorneys at Kerkman & Dunn are ready… Read more

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Litigation

Refusal to Sell Bulk-Sized Packages Not Violation Robinson-Patman Act

Many are familiar with the “super-sized” portions of popular consumer products available at various “big box” stores, such as Costco, Sam’s Club, and BJ’s Wholesale Club. Generally speaking, one doesn’t see the huge box of detergent in the neighborhood grocery store. That omission isn’t necessarily due to a choice made by the supermarket buyer; it’s…

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Litigation

Comparative Fault in WI: Often Truck Driver Shouldn’t Get All Blame

Typically, when a highway accident involves a passenger auto and a semi-trailer truck, the auto driver paints a little guy-big guy picture, pointing to the tremendous difference in weight and height between the “meek little car” and the “massive” truck. It is as if the trucker is at fault, merely because of the size of…

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Litigation

Specific Performance is a Rare Remedy for Wisconsin Contract Breach

Performance Occasionally Ordered – Mostly For Real Estate Contracts As most law students learn early on in law school, “specific performance” is an equitable remedy utilized by courts where no other remedy – e.g., monetary damages – is adequate to compensate the party who has suffered from the other’s breach. In essence, the court puts…

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Litigation

Old Spice® Manufacturer Targeted in Class Action Suit

Suit Complains of Severe Rashes and Burns On March 11, 2016, a class action suit was filed in a Columbus, Ohio federal court against Procter & Gamble, maker of hundreds of household products, including some 13 Old Spice® deodorants named in the complaint). The principal plaintiff, Rodney Colley, a resident of Virginia, alleges that the…

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Litigation

Class Actions Filed Against Prominent German Car Manufacturers Over Emissions

Class Action Against Volkswagen On February 22, 2016, a proposed class action lawsuit was filed in a California federal district court against Volkswagen AG (“VW”), alleging, among other things, that VW improperly modified or compromised its American diesel vehicles in order to pass government emissions tests. According to one report filed by the Wall Street…

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Litigation

What to Know about the Class Action Suits against Fitbit, Inc.

Many folks are finishing off their lists of New Year’s Resolutions, no doubt adding “increase your level of exercise” and “lose weight” near the top. At the same time, consumers from California, Colorado, and Wisconsin filed, on January 5, 2016, a nationwide class action against Fitbit, Inc. This technology firm is one that seemed poised…

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Litigation

Guarding Yourself against Employees’ Illegal Activity

No matter how well you screen your employees before hiring, it is impossible to predict with total accuracy or to control completely what their actions will be. Since many “middleman” positions have been eliminated in business, and employees have less supervision and more free reign in their actions. It is a sad fact of life…

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Litigation

Discovery Tactics in Commercial Litigation

It’s a little-known fact that many cases are won or lost in the discovery process. It’s even less known what discovery actually is. If your company has recently been involved in a lawsuit, you may be getting a lot of urgent phone calls from your legal counsel asking a lot of questions and requesting a…

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