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TIETSWORTH v. HARLEY-DAVIDSON, INC.

No. 2004AP2655.

735 N.W.2d 418 (2007)

2007 WI 97

Steven C. TIETSWORTH, David Bratz, John W. Myers, Gary Streitenberger, Gary Wegner and on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. HARLEY-DAVIDSON, INC. and Harley-Davidson Motor Company, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided July 12, 2007.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by W. Stuart Parsons, Patrick W. Schmidt, Jeffrey O. Davis, Kelly H. Twigger, David A. Strifling, and Quarles & Brady L.L.P., Milwaukee; 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, L.L.P., San Francisco, CA; David J. Bershad, Michael M. Buchman, Michael R. Reese, and Milberg Weiss Bershad & Schulman L.L.P., New York, NY; Shpetim Ademi, Guri Ademi, Robert K. O'Reilly, and Ademi & O'Reilly, L.L.P., Cudahy, WI, and oral argument by Jonathan D. Selbin.

¶ 1 DAVID T. PROSSER, J.

The issue presented in this review is whether plaintiffs may reopen their case and amend their complaint after the circuit court has dismissed the complaint in its entirety on the merits and the dismissal has been affirmed on appeal. The court of appeals reversed the circuit court's determination that it could not reopen the case to amend the complaint on these facts without a clear directive from the court deciding the appeal. Tietsworth...

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