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Wisconsin Fair Dealership Case Law Updates: Cliff DeTemple, D/B/A Turning Point Systems Group v. Leica Geo Systems, Inc.
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Published: June 24, 2009
Author: Robert Procter
Axley
Brynelson's Distribution and Franchise Team publishes the Wisconsin
Fair Dealership Case Law Update as an online resource for developments
in the Wisconsin Fair Dealership Law.
Cliff DeTemple, D/B/A Turning Point Systems Group v. Leica Geo Systems, Inc.
United States District Court for the Eastern District of Wisconsin, June 24, 2009
Facts: This case addresses the one year limitation
period for filing Wisconsin Fair Dealership Law claims. The Wisconsin
Fair Dealership Law has a one year statute of limitations which requires
that any claims filed under it must be commenced within one year after a
cause of action accrues or be barred. DeTemple filed this lawsuit more
than 18 months after the statute of limitations began to run. DeTemple
argued that the statute of limitations tolled during his active
military duty with the United States Coast Guard between March 29, 2007
and September 23, 2007.
Ruling: The Court found that the 180 day tolling for service members
under the Civil Relief Act and Wis. Stats. §893.21 would apply;
however, even if the Court applied the 180 tolling days, DeTemple’s
claim was still late.
Bottom Line: Realize that the WFDL has a one year statute of limitations for claims, which is shorter than most other types of claims.
For more information about the Wisconsin Fair Dealership Law, contact Robert Procter at 608.283.6762 or rprocter@axley.com.
Axley Brynelson is pleased to provide articles, legal alerts, podcasts and videos for informational purposes, but we are not giving legal advice or creating an attorney/client relationship by providing this information. The law constantly changes, and our publications may not be currently updated. Before relying on any legal information of a general nature, please consult legal counsel as to your particular situation. While our attorneys welcome your comments and questions, keep in mind that any information you provide us, unless you are now a client, will not be confidential.
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