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Sue the Right State Entity

January 9, 2013

In a recent case, Hoops Enterprises, III, LLC v. Super Western, Inc. and Kapur & Associates, Inc., the Court of Appeals made it very clear that if you want to sue the Wisconsin Department of Transportation, you must name WisDOT and not the State of Wisconsin. The lesson learned is it is very important that you name the appropriate State entity.

This is very different from some of the Department of Justice settlements I have been involved with, in which DOJ attorneys have said the State of Wisconsin should be named instead of the various cabinet entities. Maybe they were trying to dupe us?

Remember, if you have a case against WisDOT, sue WisDOT and not the State of Wisconsin. If you have a case against WDNR, sue WDNR and not the State of Wisconsin.

This case makes it very clear.

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