LENTICULAR EUROPE, LLC v. CUNNALLY

No. 04-1054.

279 Wis.2d 385 (2005)

2005 WI App 33

693 N.W.2d 302

LENTICULAR EUROPE, LLC, a Wisconsin limited liability company, by John Van Leeuwen, Plaintiff-Appellant, v. William T. CUNNALLY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 27, 2005.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Earl H. Munson Jr., Esq., of Boardman, Suhr, Curry & Field, LLP, Madison, and Russell K. Statman, Esq., of Law Office of Russell K. Statman, Plattsburgh, New York.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert A. Pasch, Rebecca R. DeMarb, and Jennifer M. Krueger, of Murphy Desmond S.C., Madison.

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


¶ 1. VERGERONT, J.

The dispositive issue on this appeal is whether John Van Leeuwen, a minority member of Lenticular Europe, LLC, was authorized to bring this action on behalf of the company. We conclude that Van Leeuwen was authorized to bring this action because: (1) no provision of the operating agreements override the "default" terms of WIS. STAT. § 183.1101(1),1 which therefore...

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