Wisconsin Fair Dealership Case Law Updates: Cliff DeTemple, D/B/A Turning Point Systems Group v. Leica Geo Systems, Inc.
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.
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