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Wisconsin Fair Dealership Case Law Updates: Wins Equipment, LLC v. Rayco Manufacturing, Inc.
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Published: November 2, 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.
Wins Equipment, LLC v. Rayco Manufacturing, Inc.
United States District Court for the Western District of Wisconsin, November 2, 2009
Facts: This case addressed whether the defendant
could transfer its lawsuit from the Western District of Wisconsin to the
Northern District of Ohio.
Ruling: The Court held that the Federal Rules of Civil Procedure is
the proper analysis for determining whether venue was proper in the
Western District of Wisconsin, and that the Wisconsin Fair Dealership
Law would not govern this question.
Bottom Line: The forum of a lawsuit is very important.
Conventional wisdom holds that Wisconsin courts are friendlier to claims
under the Wisconsin Fair Dealership Law than courts in other
jurisdictions. Moreover, a national manufacturer will always be better
served defending a lawsuit in its home state rather than where the
distributor is located.
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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