indemnification clause (Wisconsin) · Go Syfert
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indemnification clause in Wisconsin

6 Wisconsin opinions name it 1 courts 1984–2021 1 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.

Followed or applied (9)

CaseFollowedCited
Barrons v. J. H. Findorff & Sons, Inc.green
wis · 1979 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
1 sentence

2021Id. at 448, 455-56 .

11
Chernin v. International Oil Co.green
wis · 1952 · cited in 1 Wisconsin opinions naming this issue, 1998–1998
2 sentences

1998Winga, Esq., who appears with Mr. Anderson on that brief, that false and misleading statements in briefs filed in court contravene not only Rule 802.05(l)(a) but also SCR 20:3.3, which requires candor toward tribunals. 4 Compare Chernin v. International Oil Co., 261 Wis. 543, 546 , 53 N.W.2d 425, 427 (1952) (specific "tender" of defense to indemnitor will not be read into contract that does not require it; no allegation that indemnitor lacked either notice or actual knowledge) with Cochrane Roofing & Metal Company, Inc. v. Callahan, 472 So. 2d 1005, 1007 (Ala. 1985) (timely notice required eve

1998Winga, Esq., who appears with Mr. Anderson on that brief, that false and misleading statements in briefs filed in court contravene not only Rule 802.05(l)(a) but also SCR 20:3.3, which requires candor toward tribunals. 4 Compare Chernin v. International Oil Co., 261 Wis. 543, 546 , 53 N.W.2d 425, 427 (1952) (specific "tender" of defense to indemnitor will not be read into contract that does not require it; no allegation that indemnitor lacked either notice or actual knowledge) with Cochrane Roofing & Metal Company, Inc. v. Callahan, 472 So. 2d 1005, 1007 (Ala. 1985) (timely notice required eve

11
Illinois Central Railroad v. Blahagreen
wis · 1958 · cited in 1 Wisconsin opinions naming this issue, 1998–1998
2 sentences

1998Winga, Esq., who appears with Mr. Anderson on that brief, that false and misleading statements in briefs filed in court contravene not only Rule 802.05(l)(a) but also SCR 20:3.3, which requires candor toward tribunals. 4 Compare Chernin v. International Oil Co., 261 Wis. 543, 546 , 53 N.W.2d 425, 427 (1952) (specific "tender" of defense to indemnitor will not be read into contract that does not require it; no allegation that indemnitor lacked either notice or actual knowledge) with Cochrane Roofing & Metal Company, Inc. v. Callahan, 472 So. 2d 1005, 1007 (Ala. 1985) (timely notice required eve

1998Winga, Esq., who appears with Mr. Anderson on that brief, that false and misleading statements in briefs filed in court contravene not only Rule 802.05(l)(a) but also SCR 20:3.3, which requires candor toward tribunals. 4 Compare Chernin v. International Oil Co., 261 Wis. 543, 546 , 53 N.W.2d 425, 427 (1952) (specific "tender" of defense to indemnitor will not be read into contract that does not require it; no allegation that indemnitor lacked either notice or actual knowledge) with Cochrane Roofing & Metal Company, Inc. v. Callahan, 472 So. 2d 1005, 1007 (Ala. 1985) (timely notice required eve

11
McStain Corporation v. ELFLINE PLUMBING & HEAT.green
coloctapp · 1976 · cited in 1 Wisconsin opinions naming this issue, 1998–1998
1 sentence

1998Winga, Esq., who appears with Mr. Anderson on that brief, that false and misleading statements in briefs filed in court contravene not only Rule 802.05(l)(a) but also SCR 20:3.3, which requires candor toward tribunals. 4 Compare Chernin v. International Oil Co., 261 Wis. 543, 546 , 53 N.W.2d 425, 427 (1952) (specific "tender" of defense to indemnitor will not be read into contract that does not require it; no allegation that indemnitor lacked either notice or actual knowledge) with Cochrane Roofing & Metal Company, Inc. v. Callahan, 472 So. 2d 1005, 1007 (Ala. 1985) (timely notice required eve

11
Cochrane Roofing & Metal Co. v. Callahangreen
ala · 1985 · cited in 1 Wisconsin opinions naming this issue, 1998–1998
1 sentence

1998Winga, Esq., who appears with Mr. Anderson on that brief, that false and misleading statements in briefs filed in court contravene not only Rule 802.05(l)(a) but also SCR 20:3.3, which requires candor toward tribunals. 4 Compare Chernin v. International Oil Co., 261 Wis. 543, 546 , 53 N.W.2d 425, 427 (1952) (specific "tender" of defense to indemnitor will not be read into contract that does not require it; no allegation that indemnitor lacked either notice or actual knowledge) with Cochrane Roofing & Metal Company, Inc. v. Callahan, 472 So. 2d 1005, 1007 (Ala. 1985) (timely notice required eve

11
Jorgenson v. Northern States Power Co.green
wis · 1973 · cited in 1 Wisconsin opinions naming this issue, 1998–1998
2 sentences

1998See Jorgenson v. Northern States Power Co., 60 Wis. 2d 29, 34-35 , 208 N.W.2d 323, 325-326 (1973) (collecting authorities).

1998See Jorgenson v. Northern States Power Co., 60 Wis. 2d 29, 34-35 , 208 N.W.2d 323, 325-326 (1973) (collecting authorities).

11
Carroll v. National Surety Co.green
cadc · 1928 · cited in 1 Wisconsin opinions naming this issue, 1998–1998
1 sentence

1998Winga, Esq., who appears with Mr. Anderson on that brief, that false and misleading statements in briefs filed in court contravene not only Rule 802.05(l)(a) but also SCR 20:3.3, which requires candor toward tribunals. 4 Compare Chernin v. International Oil Co., 261 Wis. 543, 546 , 53 N.W.2d 425, 427 (1952) (specific "tender" of defense to indemnitor will not be read into contract that does not require it; no allegation that indemnitor lacked either notice or actual knowledge) with Cochrane Roofing & Metal Company, Inc. v. Callahan, 472 So. 2d 1005, 1007 (Ala. 1985) (timely notice required eve

11
Southern Railway Co. v. Arlen Realty & Development Corp.green
va · 1979 · cited in 1 Wisconsin opinions naming this issue, 1998–1998
1 sentence

1998Winga, Esq., who appears with Mr. Anderson on that brief, that false and misleading statements in briefs filed in court contravene not only Rule 802.05(l)(a) but also SCR 20:3.3, which requires candor toward tribunals. 4 Compare Chernin v. International Oil Co., 261 Wis. 543, 546 , 53 N.W.2d 425, 427 (1952) (specific "tender" of defense to indemnitor will not be read into contract that does not require it; no allegation that indemnitor lacked either notice or actual knowledge) with Cochrane Roofing & Metal Company, Inc. v. Callahan, 472 So. 2d 1005, 1007 (Ala. 1985) (timely notice required eve

11
Kjellsen v. Stonecrest, Inc.green
wis · 1970 · cited in 1 Wisconsin opinions naming this issue, 1984–1984
2 sentences

1984Kjellsen v. Stonecrest, Inc., 47 Wis. 2d 8, 11 , 176 N.W.2d 321, 323 (1970).

1984Kjellsen v. Stonecrest, Inc., 47 Wis. 2d 8, 11 , 176 N.W.2d 321, 323 (1970).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Estate of Kriefall v. Sizzler USA Franchise, Inc. green
wis · 2012
2 sentences

2019If it turns out that there are unintended tax consequences and if such consequences are not fully covered by the Segregated Trust, the issue can be addressed at a later date. ¶65 As to whether the circuit court had the authority to impose the indemnification clause, the objectors contend that the only possible authority is the law of equitable indemnification articulated in Estate of Kriefall v. Sizzler USA Franchise, Inc. , 2012 WI 70 , 342 Wis. 2d 29 , 816 N.W.2d 853 .

2019If it turns out that there are unintended tax consequences and if such consequences are not fully covered by the Segregated Trust, the issue can be addressed at a later date. ¶65 As to whether the circuit court had the authority to impose the indemnification clause, the objectors contend that the only possible authority is the law of equitable indemnification articulated in Estate of Kriefall v. Sizzler USA Franchise, Inc. , 2012 WI 70 , 342 Wis. 2d 29 , 816 N.W.2d 853 .

22019–2021
Premier Health Partners v. NBBJ, L.L.C. green
ohioctapp · 2015
2 sentences

2019The contract's indemnification clause specified that NBBJ would hold the hospital harmless for all damages "to the extent they arise from NBBJ's negligent acts or omissions in the performance of its services." Id.

2019Id.

12019–2019
Hastreiter v. Karau Buildings, Inc. green
wis · 1973
2 sentences

1994There, as in the present case, the appellant argued that "an indemnification clause should not be construed to provide for indemnification of a party from the effects of his own negligence without clear and unequivocal language." Hastreiter, 57 Wis. 2d at 748 , 205 N.W.2d at 163 .

1994There, as in the present case, the appellant argued that "an indemnification clause should not be construed to provide for indemnification of a party from the effects of his own negligence without clear and unequivocal language." Hastreiter, 57 Wis. 2d at 748 , 205 N.W.2d at 163 .

11994–1994
Bialas v. Portage County green
wis · 1975
1 sentence

1994In fact, Bialas v. Portage County, 70 Wis. 2d 910 , 236 N.W.2d 218 (1975), relied upon by Heritage, illustrates this point.

11994–1994

Statutes the citing opinions construe

WI § Wis. Stat. § 802.08 (3)

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.

Where else courts name it

NY 344 (1962–2026) CT 67 (1976–2017) CA 59 (1959–2025) NJ 42 (1960–2026) OH 38 (1975–2026) MA 37 (1976–2026) IL 35 (1968–2026) FL 34 (1973–2025) DE 34 (1978–2026) IN 31 (1977–2025) PA 31 (1984–2024) GA 24 (1974–2025) TX 24 (1969–2026) NM 21 (1976–2021) WA 18 (1984–2025) MI 17 (1980–2025) IA 16 (1994–2023) MO 15 (1982–2015) VA 13 (1992–2026) MD 13 (1985–2019) MN 11 (1957–2025) DC 11 (1983–2011) ME 10 (1994–2019) VT 10 (1978–2026) MT 8 (1972–2008) LA 7 (1972–2010) UT 7 (1989–2018) RI 6 (1983–2011) WI 6 (1984–2021) CO 6 (1986–2025) AZ 6 (1969–2024) AL 6 (2000–2017) KS 6 (1978–2020) NC 6 (2002–2017) OR 6 (2005–2013) AK 5 (1981–2020) NE 5 (1973–2022) OK 5 (1989–2011) SC 4 (2003–2019) NV 3 (2009–2012) AR 2 (2013–2013) TN 2 (2008–2013) KY 2 (2005–2007) NH 2 (1999–2006) ID 2 (1977–2009) MS 2 (2004–2005)

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.

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