Civil Litigation

WFJ Presents: Minnesota Conciliation Court

Conciliation court is also known as small claims court. This court is reserved for claims of $10,000.00 or less for money or property, $4,000.00 for consumer credit transactions, or $15,000.00 for money or personal property subject to forfeiture. You may adjust your claim amount to meet the requirements; however, you cannot later file a claim for the additional amount if the claim involves the same events.

Wisconsin Small Claims Court

In Wisconsin, small claims actions are limited to $10,000.00 or less for a money judgment based on a breach of contract claim. Third-party complaints, personal injury claims, and actions based in tort are limited to $5,000.00 or less. If your claim exceeds this amount, you will need to file in Circuit court. You may adjust your claim amount to meet the requirements; however, you cannot later file a claim for the additional amount if the claim involves the same events. Eviction actions are also heard in small claims court.

Suing the State: Very Early Notice Required to Preserve Claim

Historically, it was the law that no one could sue the King or his men. This ancient principle evolved to a rule where state governments—including counties, cities, and state employees acting in their official capacity—had immunity from lawsuits. Over time, this absolute protection has decayed. However, the doctrine of government immunity still survives in a number of ways. For example, judges cannot be sued for acting in their judicial capacity.

Joint Bank Accounts: Fair Game for Garnishment

Joint bank accounts offer a convenient way for couples to budget, pay shared bills, and ensure easy access to the assets of the account, in the event of one person’s death. A joint account can also offer an exciting opportunity to solidify trust in a relationship. This excitement can quickly turn into a nightmare, however, when a judgment creditor has the account frozen due to one person’s debt.

WFJ & ASA Successful in Bringing Case Before MN Supreme Court

Robert Judd and Matthew Resch of Wagner, Falconer, & Judd, Ltd., together with the American Subcontractor’s Association’s general counsel Eric B. Travers of Columbus, Ohio, were successful in convincing the Minnesota Supreme Court to take up Safety Signs, LLC v. Westfield Insurance Co., Case Number A12-0370 (Sept. 17, 2012), and to help clarify the law on what constitutes proper notice under the Minnesota Payment Bond Statute.

Minor Child Settlement Proceedings and Structured Settlements: Important steps to resolving a child’s injury claim and protecting their future well-being

Your child did nothing wrong.  One day your son was walking on a sidewalk.  The driver of a car drove onto the sidewalk striking your child and causing a broken leg and concussion. Your first concern is your child’s well being, but once your son is discharged, paying the medical bills and covering your expenses while you are home caring for him are real issues. Fortunately, you found a good attorney and have received a settlement offer from the driver’s insurance company. But now you learn that a judge has to approve the settlement and has the right to say “no” on behalf of your son. Why is this procedure necessary?

Death, Taxes, and Dog Bites: What You Should Know About Dog Bites

There is a classic scene in one of the Pink Panther movies with  Inspector Clouseau where he enters a shop and sees a little dog.  He asks the shop owner if his dog bites. The shop owner says “no.”  Inspector Clouseau promptly bends over to give the little dog a pat and, voila, the dog bites him. Inspector Clouseau looks angrily at the shop owner and exclaims, “I thought you said your dog doesn’t bite!”