Supreme Court accepts five new cases

Madison, Wisconsin - September 20, 2005

The Wisconsin Supreme Court has voted to accept five new cases. The case numbers, issues, and counties of origin are listed below. To read the full record, go to the Supreme Court Clerk’s Office, Suite 215, Tenney Building, 110 E. Main St., Madison. Court of Appeals opinions and certifications are hyperlinked.

2003AP1534 Royster-Clark, Inc. v. Olsen’s Mill, Inc.
This case involves a dispute over an order for 1,300 tons of fertilizer. The issue before the Supreme Court is whether the circuit court’s findings regarding the existence of an agreement to orally modify a contract between the parties was erroneous under the provisions of Wis. Stat. 402.201(1). From Waushara County.

2003AP2457 Wisconsin Auto Title Loans, Inc. v. K. Jones
This case began when an unemployed man borrowed money, at 300 percent interest, from a short-term lender using his car as collateral and then defaulted on the loan. The question before the Supreme Court is whether the Federal Arbitration Act preempts the Wisconsin Consumer Act (WCA) with respect to whether an arbitration provision in a consumer contract is unconscionable. Specifically, the Court will look at a situation where the consumer is seeking to invalidate the arbitration provision because it effectively waives the right to a class action of WCA claims under the contract. From Milwaukee County.

2004AP1991 T. Butler, et al v. Advanced Drainage Systems, et al
This case results from a project to divert water from Shell Lake in order to alleviate problems caused by flooding. A group of property owners sued, claiming that the project damaged their property. The question before the Supreme Court is whether the Court of Appeals, in deciding against the property owners in this case, violated the principles set out in Palsgraf v. Long Island R.R. Co., 248 N.Y. 339, 162 N.W. 99 (1928) by concluding that the defendants may owe a duty of ordinary care to some parties, but not to others. From Washburn County.

2004AP2232 Village of Cross Plains v. K. Haanstad
Justice Jon P. Wilcox is not participating in this case.
This case began with a police officer checking on the occupants of a car parked late at night in a village park. The check ultimately resulted in drunk driving charges that were dismissed by the trial court and reinstated by the Court of Appeals. The question before the Supreme Court is whether sliding from the front passenger seat over toward the driver’s seat of an already parked and running motor vehicle, when the person did not drive the vehicle to that location, did not place the vehicle in park, is not the person who left the motor running, and did not touch any of the controls of the vehicle, constitutes operating a motor vehicle under Wis. Stat. § 346.63. From Dane County.

2004AP2746 Affordable Erecting, Inc. v. Neosho Trompler, Inc.
This case involves a contract dispute between a company that was moving its equipment and the mover it hired. The question before the Supreme Court is whether a party is equitably estopped (a legal phrase that means stopped, for reasons of fairness) from re-filing a court action by withholding approval of a mediation agreement when another party relied upon their inaction as approval of the agreement. From Washington County.

For more information contact:
Amanda Todd
Court Information Officer
(608) 264-6256

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