party from raising defense (Wisconsin) · Go Syfert
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party from raising defense in Wisconsin

6 Wisconsin opinions name it 2 courts 1997–2024 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 (3)

CaseFollowedCited
Culbert v. Ciresigreen
wisctapp · 2003 · cited in 3 Wisconsin opinions naming this issue, 2020–2024
2 sentences

2024“Whether to apply estoppel to preclude a party from raising a defense is within the [circuit] court’s discretion.” Culbert v. Ciresi, 2003 WI App 158, ¶15 , 266 Wis. 2d 189 , 667 N.W.2d 825 . 8 “Equitable estoppel has four elements: ‘(1) action or non-action, (2) on the part of one against whom estoppel is asserted, (3) which induces reasonable reliance thereon by the other, either in action or non-action, and (4) which is to his or her detriment.’” Nugent v. Slaght, 2001 WI App 282, ¶29 , 249 Wis. 2d 220 , 638 N.W.2d 594 (citation omitted). 18 No. 2023AP1309 ¶38 The circuit court, relying on

2024“Whether to apply estoppel to preclude a party from raising a defense is within the [circuit] court’s discretion.” Culbert v. Ciresi, 2003 WI App 158, ¶15 , 266 Wis. 2d 189 , 667 N.W.2d 825 . 8 “Equitable estoppel has four elements: ‘(1) action or non-action, (2) on the part of one against whom estoppel is asserted, (3) which induces reasonable reliance thereon by the other, either in action or non-action, and (4) which is to his or her detriment.’” Nugent v. Slaght, 2001 WI App 282, ¶29 , 249 Wis. 2d 220 , 638 N.W.2d 594 (citation omitted). 18 No. 2023AP1309 ¶38 The circuit court, relying on

23
Prince v. Bryantgreen
wis · 1979 · cited in 2 Wisconsin opinions naming this issue, 2020–2020
2 sentences

2020See Culbert v. Ciresi, 2003 WI App 158, ¶16 , 266 Wis. 2d 189 , 667 N.W.2d 825 ("Whether to apply estoppel to preclude a party from raising a defense is within the trial court's discretion."); see also Prince v. Bryant, 87 Wis. 2d 662, 674 , 275 N.W.2d 676 (1979) (emphasizing that a circuit court has the power to apply an equitable remedy as necessary to meet the needs of a case). ¶43 We conclude that the circuit court applied an improper legal standard when it determined that Wis. Stat. § 109.03 (5), which outlines the right of an employee to bring a wage claim, acted as a complete bar to JDF

2020See Culbert v. Ciresi, 2003 WI App 158, ¶16 , 266 Wis. 2d 189 , 667 N.W.2d 825 ("Whether to apply estoppel to preclude a party from raising a defense is within the trial court's discretion."); see also Prince v. Bryant, 87 Wis. 2d 662, 674 , 275 N.W.2d 676 (1979) (emphasizing that a circuit court has the power to apply an equitable remedy as necessary to meet the needs of a case). ¶43 We conclude that the circuit court applied an improper legal standard when it determined that Wis. Stat. § 109.03 (5), which outlines the right of an employee to bring a wage claim, acted as a complete bar to JDF

22
Gonzalez v. Teskeygreen
wisctapp · 1990 · cited in 3 Wisconsin opinions naming this issue, 1997–2004
2 sentences

2004Gonzalez v. Teskey, 160 Wis. 2d 1, 13 , 465 N.W.2d 525 (Ct. App. 1990).

2004Gonzalez v. Teskey, 160 Wis. 2d 1, 13 , 465 N.W.2d 525 (Ct. App. 1990).

13

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 (1)

CaseCitedYears
Nugent v. Slaght green
wisctapp · 2001
2 sentences

2024“Whether to apply estoppel to preclude a party from raising a defense is within the [circuit] court’s discretion.” Culbert v. Ciresi, 2003 WI App 158, ¶15 , 266 Wis. 2d 189 , 667 N.W.2d 825 . 8 “Equitable estoppel has four elements: ‘(1) action or non-action, (2) on the part of one against whom estoppel is asserted, (3) which induces reasonable reliance thereon by the other, either in action or non-action, and (4) which is to his or her detriment.’” Nugent v. Slaght, 2001 WI App 282, ¶29 , 249 Wis. 2d 220 , 638 N.W.2d 594 (citation omitted). 18 No. 2023AP1309 ¶38 The circuit court, relying on

2024“Whether to apply estoppel to preclude a party from raising a defense is within the [circuit] court’s discretion.” Culbert v. Ciresi, 2003 WI App 158, ¶15 , 266 Wis. 2d 189 , 667 N.W.2d 825 . 8 “Equitable estoppel has four elements: ‘(1) action or non-action, (2) on the part of one against whom estoppel is asserted, (3) which induces reasonable reliance thereon by the other, either in action or non-action, and (4) which is to his or her detriment.’” Nugent v. Slaght, 2001 WI App 282, ¶29 , 249 Wis. 2d 220 , 638 N.W.2d 594 (citation omitted). 18 No. 2023AP1309 ¶38 The circuit court, relying on

12024–2024

Statutes the citing opinions construe

WI § Wis. Stat. § 893.54 (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

TN 18 (1995–2026) WI 6 (1997–2024) WY 6 (2007–2017) CO 5 (1991–2013) LA 5 (2016–2017) OH 5 (2007–2023) IL 3 (2010–2022) CA 2 (1959–1991)

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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