GALLEGO v. WAL-MART STORES, INC.

No. 2004AP2533.

288 Wis.2d 229 (2005)

2005 WI App 244

707 N.W.2d 539

Miguel GALLEGO and On Behalf of Himself and all Others Similarly Situated, Plaintiffs-Appellants, v. WAL-MART STORES, INC. and Wal-Mart Stores East, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 20, 2005.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Noah M. Golden-Krasner and David C. Bender of Porter Jablonski & Assoc., S.C., Madison.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Naikang Tsao and Michael D. Leffel of Foley & Lardner LLP, Madison.

A nonparty brief was filed on behalf of the appellant by Stephen E. Meili of Consumer Law Litigation Clinic, University of Wisconsin Law School, Madison.

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


¶ 1. DEININGER, J.

Miguel Gallego appeals a judgment that dismissed his class-action complaint against Wal-Mart Stores, Inc. Gallego alleged in his complaint that Wal-Mart misrepresented the origin of salmon sold in its stores in violation of WIS. STAT. §§ 100.18 and 100.20 (2003-04).1 The circuit court dismissed the complaint after concluding that Wal-Mart's alleged failure to...

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