BERNER CHEESE CORPORATION v. KRUG

No. 2005AP1527.

752 N.W.2d 800 (2008)

2008 WI 95

BERNER CHEESE CORPORATION n/k/a Berner Foods Corporation, Plaintiff-Appellant-Petitioner, v. Lyle A. KRUG, Plager, Hasting & Krug, Ltd. and ISBA Mutual Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 15, 2008.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Edward R. Garvey, Christa Westerberg and Garvey McNeil & McGillivray, Madison, and Eugene J. Schiltz, Sean B. Crotty, and Robert F. Coleman & Associates, Chicago, Ill., and there was oral argument by Eugene J. Schiltz.

For the defendants-respondents there was a brief by Michael B. Van Sicklen, Michael S. Heffernan, and Foley & Lardner LLP, Madison, and Daniel F. Konicek and Konicek & Dillion, P.C., Geneva, Ill., and there was oral argument by Daniel F. Konicek.


¶ 1 PATIENCE DRAKE ROGGENSACK, J.

We review a decision by the court of appeals that affirmed the circuit court's1 dismissal of the petitioner's claim for breach of fiduciary duty and its request for a jury question on punitive damages. The circuit court concluded that the evidence admitted at trial was insufficient to support both Berner Cheese Corporation's2 (Berner) breach of fiduciary duty claim and...

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