11 Wisconsin opinions name it 2 courts 1993–2026 3 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State Farm Mutual Automobile Insurance v. Gillettegreen1 sentence2024See id. (concluding that predictability favored applying Wisconsin law in that case because the damages afforded under a policy—a predominant issue in the litigation—should be dictated by the law of the forum in which the policy was issued). ¶24 As it pertains to this case, the relevant question under the predictability factor is whether the legal consequence of National General’s tortious conduct comports with the predictions or expectations of the parties. | 1 | 1 |
Premier Health Partners v. NBBJ, L.L.C.green1 sentence2019See id. | 1 | 1 |
Rao v. WMA Securities, Inc.green1 sentence2017See Rao, 310 Wis. 2d 623, ¶22 (a party may waive the right to a trial by jury "by failing to assert the right timely (as when a party fails to demand a jury trial timely in accordance with § (Rule) 805.01) or by violating a law setting conditions on the party's exercise of the jury 4 No. 2014AP2581.awb trial right (as when a party fails to pay the jury fee timely in accordance with Wis. Stat. § 814.61 )."). ¶60 Second, the majority superficially addresses the issue of a contractual waiver by citing the basic principle that where the terms of a contract are unambiguous, we presume the parties i | 1 | 1 |
IFC Credit Corp. v. United Business & Industrial Federal Credit Uniongreen1 sentence2017Credit Union, 512 F.3d 989, 992-94 (7th Cir. 2008) (declining to follow other federal circuits). ¶64 Additionally, the predominant federal rule comports with analogous Wisconsin case law, such as the contractual waiver-of-venue cases. | 1 | 1 |
Peddie v. Sterling Jewelers, Inc.green1 sentence2008See Peddle v. Sterling Jewelers, Inc., 282 F. Supp. 2d 947, 952 (E.D. | 1 | 1 |
Yauger v. SKIING ENTERPRISES, INC.green2 sentences2005See Yauger, 206 Wis. 2d 76 ; Richards, 181 Wis. 2d 1007 ; Merten, 108 Wis. 2d 205 ; see generally, Restatement (Second) of Contracts, § 195 (1981). 5 How ever, lately the contractual analysis has not been emphasized, as many of the factors previously reviewed on a contractual basis were reached in the more recent cases, like Richards and Yauger, on public policy grounds. 2005See Yauger, 206 Wis. 2d 76 ; Richards, 181 Wis. 2d 1007 ; Merten, 108 Wis. 2d 205 ; see generally, Restatement (Second) of Contracts, § 195 (1981). [5] However, *313 lately the contractual analysis has not been emphasized, as many of the factors previously reviewed on a contractual basis were reached in the more recent cases, like Richards and Yauger , on public policy grounds. | 1 | 1 |
Dobratz v. Thomsongreen2 sentences1999See Dobratz v. Thomson, 161 Wis. 2d 502, 520-25 , 468 N.W.2d 654, 660-63 (1991); Arnold v. Shawano County Agric. 1999See Dobratz v. Thomson, 161 Wis. 2d 502, 520-25 , 468 N.W.2d 654, 660-63 (1991); Arnold v. Shawano County Agric. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
C & L Enterprises Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahoma
green
1 sentence2026Timber & Wood Prods., 379 Wis. 2d 690 , ¶19. ¶29 The U.S. Supreme Court addressed a tribe’s contractual waiver of immunity in C&L Enterprises. 532 U.S. at 414 . | 1 | 2026–2026 |
Bishop v. City of Burlington
green
2 sentences2024“A litigant must raise an issue with sufficient prominence such that the trial court understands that it is being called upon to make a ruling.” Bishop v. City of Burlington, 2001 WI App 154, ¶8 , 246 Wis. 2d 879 , 631 N.W.2d 656 . 2024“A litigant must raise an issue with sufficient prominence such that the trial court understands that it is being called upon to make a ruling.” Bishop v. City of Burlington, 2001 WI App 154, ¶8 , 246 Wis. 2d 879 , 631 N.W.2d 656 . | 1 | 2024–2024 |
Hedtcke v. Sentry Insurance
green
2 sentences2020Id. at 488 . ¶16 To be sure, the result in Hedtcke was clearly influenced by the public policy rationale underlying the contractual analysis, and the court went to some lengths to note that its decision was consistent with, if not driven by, that rationale. 2020Id. at 488-89 . | 1 | 2020–2020 |
Brunton v. NUVELL CREDIT CORP.
green
2 sentences2017Brunton v. Nuvell Credit Corp., 2010 WI 50, ¶34 , 325 Wis. 2d 135 , 785 N.W.2d 302 ("[T]he waiver of a 7 No. 2014AP2581.awb fundamental constitutional right requires a knowing, intelligent, and voluntary waiver."). 2017Brunton v. Nuvell Credit Corp., 2010 WI 50, ¶34 , 325 Wis. 2d 135 , 785 N.W.2d 302 ("[T]he waiver of a 7 No. 2014AP2581.awb fundamental constitutional right requires a knowing, intelligent, and voluntary waiver."). | 1 | 2017–2017 |
Amjad T. Tufail v. Midwest Hospitality, LLC
green
2 sentences2017Majority op., ¶36 (quoting Tufail v. Midwest Hosp., LLC, 2013 WI 62, ¶26 , 348 Wis. 2d 631 , 833 N.W.2d 586 ). 2017Majority op., ¶36 (quoting Tufail v. Midwest Hosp., LLC, 2013 WI 62, ¶26 , 348 Wis. 2d 631 , 833 N.W.2d 586 ). | 1 | 2017–2017 |
Atkins v. Swimwest Family Fitness Center
green
2 sentences2013Id. 2013Id. | 1 | 2013–2013 |
Merten v. Nathan
green
2 sentences2005See Yauger, 206 Wis. 2d 76 ; Richards, 181 Wis. 2d 1007 ; Merten, 108 Wis. 2d 205 ; see generally, Restatement (Second) of Contracts, § 195 (1981). 5 How ever, lately the contractual analysis has not been emphasized, as many of the factors previously reviewed on a contractual basis were reached in the more recent cases, like Richards and Yauger, on public policy grounds. 2005See Yauger, 206 Wis. 2d 76 ; Richards, 181 Wis. 2d 1007 ; Merten, 108 Wis. 2d 205 ; see generally, Restatement (Second) of Contracts, § 195 (1981). [5] However, *313 lately the contractual analysis has not been emphasized, as many of the factors previously reviewed on a contractual basis were reached in the more recent cases, like Richards and Yauger , on public policy grounds. | 1 | 2005–2005 |
Richards v. Richards
green
2 sentences2005See Yauger, 206 Wis. 2d 76 ; Richards, 181 Wis. 2d 1007 ; Merten, 108 Wis. 2d 205 ; see generally, Restatement (Second) of Contracts, § 195 (1981). 5 How ever, lately the contractual analysis has not been emphasized, as many of the factors previously reviewed on a contractual basis were reached in the more recent cases, like Richards and Yauger, on public policy grounds. 2005See Yauger, 206 Wis. 2d 76 ; Richards, 181 Wis. 2d 1007 ; Merten, 108 Wis. 2d 205 ; see generally, Restatement (Second) of Contracts, § 195 (1981). [5] However, *313 lately the contractual analysis has not been emphasized, as many of the factors previously reviewed on a contractual basis were reached in the more recent cases, like Richards and Yauger , on public policy grounds. | 1 | 2005–2005 |
Arnold v. Shawano County Agricultural Society
green
1 sentence2005Specifically, we examine the facts and circumstances of [the] agreement . . ." Arnold, 111 Wis. 2d at 211 , to determine if it was broad enough to cover the activity at issue. | 1 | 2005–2005 |
Employers Health Insurance v. General Casualty Co. of Wisconsin
green
2 sentences1993Unlike the contractual clause in Dailey , the clause in Employers Health allowed a subrogated right against a "responsible third party," which the supreme court interpreted to mean the "wrongdoer causing the injury." Employers Health, 161 Wis. 2d at 950 , 469 N.W.2d at 177 . 1993Unlike the contractual clause in Dailey , the clause in Employers Health allowed a subrogated right against a "responsible third party," which the supreme court interpreted to mean the "wrongdoer causing the injury." Employers Health, 161 Wis. 2d at 950 , 469 N.W.2d at 177 . | 1 | 1993–1993 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.