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McNALLY CPA'S & CONSULTANTS, S.C. v. DJ HOSTS, INC.

No. 03-1159.

277 Wis.2d 801 (2004)

2004 WI App 221

692 N.W.2d 247

McNALLY CPA's & CONSULTANTS, S.C., Plaintiff-Appellant, v. DJ HOSTS, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 24, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Randall J. Andersen and Robert A. Mich, Jr., of Kay & Andersen, S.C., Madison. There was oral argument by Randall J. Andersen.

On behalf of the defendant-respondent, the cause was submitted on the brief of and oral argument by Michael P. Murphy of the Ho-Chunk Nation Department of Justice.

Before Deininger, P.J., Dykman and Lundsten, JJ.

¶ 1. LUNDSTEN, J.

The Ho-Chunk Nation purchased 100% of the shares in DJ Hosts, Inc., a for-profit Wisconsin corporation. After the purchase, McNally CPA's, an accounting firm, sued DJ Hosts for money owed. The circuit court dismissed McNally's action based on tribal sovereign immunity. The court reasoned that because the Ho-Chunk, a federally recognized Indian tribe, wholly...

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