PIETROSKE, INC. v. GLOBALCOM, INC.

No. 03-2389.

275 Wis.2d 444 (2004)

2004 WI App 142

685 N.W.2d 884

PIETROSKE, INC., Plaintiff-Respondent, v. GLOBALCOM, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 16, 2004.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Charles David Schmidt of Cannon & Dunphy, S.C., Brookfield, and M. Gavin McCarty of Globalcom, Inc., Chicago, admitted pro hac vice.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Ralph J. Sczygelski of Sczygelski Law Firm, LLC., Manitowoc.

Before Anderson, P.J., Brown and Nettesheim, JJ.


¶ 1. ANDERSON, P.J.

In Wisconsin a forum-selection clause is presumptively valid. A court will refuse to enforce the clause only if there is a quantum of procedural unconscionability plus a quantum of substantive unconscionability. Because the circuit court did not properly balance procedural and substantive unconscionability, we reverse.

¶ 2. Robert Pietroske...

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