Wisconsin Fair Dealership Case Law Updates: Wins Equipment, LLC v. Rayco Manufacturing, Inc.

November 2, 2009

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.

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