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HARVOT v. SOLO CUP CO.

No. 2007AP1396.

768 N.W.2d 176 (2009)

2009 WI 85

Kelly J. HARVOT, Plaintiff-Appellant, v. SOLO CUP COMPANY and Solo Cup Operating Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 17, 2009.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Peter J. Culp and Dempsey, Williamson, Kelly & Hertel, LLP, Oshkosh, and oral argument by Peter J. Culp.

For the defendants-respondents there was a brief by John E. Murray, Robert J. Simandl, and Simandl & Murray, S.C., Waukesha, and oral argument by John E. Murray.

¶ 1 DAVID T. PROSSER, J.

This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § 809.61 (2007-08).1 The issues presented examine whether there is a right to jury trial in a civil action to recover damages under Wisconsin's Family or Medical Leave statute, Wis. Stat. § 103.10.

¶ 2 Subsection (13) of that statute reads in part: "Civil Action. (a) An employee or the [D]epartment...

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