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TIETSWORTH v. HARLEY-DAVIDSON, INC.

No. 02-1034.

270 Wis.2d 146 (2004)

2004 WI 32

677 N.W.2d 233

Steven C. TIETSWORTH, David Bratz, John W. Myers, Gary Streitenberger, and Gary Wegner, Plaintiffs-Appellants, v. HARLEY-DAVIDSON, INC., and Harley-Davidson Motor Company, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided March 26, 2004.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by W. Stuart Parsons, Patrick W. Schmidt, O. Thomas Armstrong, Jeffrey O. Davis, Kelly H. Twigger and Quarles & Brady, Milwaukee, and Robert L. Binder and Foley & Lardner, Milwaukee, and oral argument by W. Stuart Parsons.

For the plaintiffs-appellants there was a brief by Ted W. Warshafsky, Frank T. Crivello, II, and Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., Milwaukee; Jonathan D. Selbin, Lisa J. Leebove and Lieff, Cabraser, Heimann & Bernstein, LLP, San Francisco, CA; and David J. Bershad, Michael M. Buchman and Milberg, Weiss, Bershad, Hynes & Lerach, LLP, New York, NY and Shpetim Ademi, Guri Ademi, Robert K. O'Reilly and Ademi & O'Reilly, LLP, Cudahy, and oral argument by Jonathan D. Selbin.

An amicus curiae brief was filed by James A. Buchen, Madison, on behalf of Wisconsin Manufacturers & Commerce.

An amicus curiae brief was filed by Jeffrey S. Fertl, Milwaukee, John H. Beisner, Washington, DC, Hugh F. Young, Jr. (of counsel) Reston, VA, on behalf of Product Liability Advisory Council, Inc.

¶ 1. DIANE S. SYKES, J.

This is a class action lawsuit on behalf of certain Harley-Davidson motorcycle owners seeking compensatory and punitive damages and injunctive relief, under several legal theories, for an alleged defect in the motorcycles' engines. The plaintiffs have not alleged any personal injury or property damage caused by the defective engines, nor have they alleged that their motorcycle engines have actually failed or malfunctioned in any way. They...

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