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What Do I do if I have been sued with a frivolous claim?

By Sean M. Sweeney • Mar 31st, 2011 • Category: Business Law, Newest Post

The dreaded “frivolous claim” is always a difficult situation. First, you have to show that it is actually “frivolous”, and second, you may still end up spending a fair amount on attorneys’ fees getting even a frivolous claim dismissed.
It is sometimes difficult to define what exactly is frivolous. In most lawsuits the Defendant feels that [...]

Can I just close my doors if I am sued?

By Sean M. Sweeney • May 4th, 2010 • Category: Business Law, Newest Post

Unfortunately, as is the case with many legal questions, the answer is maybe. There are a number of factors to look at before that question can be answered, and most likely you would need to see a lawyer to evaluate each individual case.
Generally speaking a party suing your business, if they obtain [...]

What are my damages in a Breach of Contract Lawsuit?

By Sean M. Sweeney • Jan 28th, 2009 • Category: Business Law, Civil Litigation, Newest Post

In many litigation cases, the question is not, “was there a breach”, but rather “what are my damages.” As smart business people, the decision must always be what is my likelihood of success combined with my likely award. Unfortunately, there are many times when one party is as right as rain, but if the damages [...]

Economic Loss Doctrine, what is it and how does it apply in Business lawsuits

By Sean M. Sweeney • Dec 19th, 2008 • Category: Business Law, Civil Litigation, Newest Post

In Brew City Redevelopment Group, LLC v. Ferchill Group 297 Wis.2d 606, the Wisconsin Supreme Court defines the economic loss doctrine as
“a judicial doctrine intended to preserve the fundamental distinction between contract and tort. It works to prevent a party to a contract from employing tort remedies to compensate the party for purely economic losses [...]

All Real Estate Deals must be in Writing

By Sean M. Sweeney • Dec 2nd, 2008 • Category: Newest Post, Real Estate Law

Wisconsin has adopted the Statute of Frauds through Wisconsin Statute 706.02 which requires that all sales of real property (real estate and anything permanetly affixed to it) must be in writing.
Wis. Stat. 706.02 sets out the following:
1) Transactions under s. 706.001(1) shall not be valid unless evidenced by a conveyance that satisfies all of the [...]

Law Suit over Sick Leave Referendum

By Sean M. Sweeney • Nov 22nd, 2008 • Category: Business Law, Civil Litigation, Newest Post

The latest news I have seen comes from a Wisconsin Law Journal Article on Tuesday stating that the Metropolitan Milwaukee Association of Commerce’s (MMAC) directors unanimously chose to sue the city of Milwaukee to stop the sick-leave ordinance from taking effect. You can see the article here MMAC to sue Milwaukee over sick leave by [...]

Can I Sue and Keep the Earnest Money?

By Sean M. Sweeney • Nov 14th, 2008 • Category: Civil Litigation, Newest Post, Real Estate Law

A recent decision by the Wisconsin Appellate Court upheld a circuit court decision in which the plaintiff’s were not able to sue for actual damages in a failed residential real estate transaction because they did not return the earnest money to the buyer. The court ruled that they irrevocably elected liquidated damages as their remedy [...]

How to leave an LLC? Not always as simple as it seems

By Sean M. Sweeney • Nov 12th, 2008 • Category: Business Law, Newest Post

All LLC’s should have a well set out operating agreement, describing how the LLC will operate from an administrative standpoint. Some of these operating agreements will have provisions describing how a member may leave the LLC. However, most LLC’s either don’t have a proper operating agreement, or if they do, it simply refers to the [...]

Anatomy of a Contract

By Sean M. Sweeney • Nov 3rd, 2008 • Category: Business Law, Newest Post

Always a question that concerns business owners is what should be included in a contract? The short answer: everything that is needed. However, there are ways to break up drafting a contract to make it easier to know what should be included, and when it is too much and jeopardizes the deal getting done.
Even though [...]

A Patent May not be the Best Vehicle to Protect Your Business’ Idea

By Sean M. Sweeney • Oct 31st, 2008 • Category: Business Law, Intellectual Property Law, Newest Post

If a business has a new idea or product, the immediate thought is to go out and patent the idea. While this may be appropriate in some cases, in others utilizing Trade Secret law may serve you better. If you take a look at products like Coca Cola or Krispy Kreme donuts, they have protected [...]