S.C. JOHNSON & SON, INC. v. MORRIS

No. 2008AP1647.

779 N.W.2d 19 (2009)

2010 WI App 6

S.C. JOHNSON & SON, INC., Plaintiff-Respondent, v. Milton E. MORRIS and Katherine Scheller, Defendants, Buske Lines, Inc., Buske Intermodal, LLC and Thomas H. Buske, Defendants-Appellants, Tom Russell, Transportation Associates, Inc., d/b/a JMP Co. and JMP Intermodal, Inc., Defendants-Co-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed December 2, 2009.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of James T. Murray, Jr., and Michael J. Wirth of Peterson, Johnson & Murray S.C. of Milwaukee.

On behalf of the defendants-co-appellants, the cause was submitted on the briefs of Franklyn M. Gimbel, Kathryn A. Keppel and Steven C. McGaver of Gimbel, Reilly, Guerin & Brown of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Jeffrey L. William, Donna M. Welch, Michael D. Foster, Sarah J. Donnell and Lawrence M. Griffin of Kirkland & Ellis LLP, pro hac vice, of Chicago and Mark A. Cameli of Reinhart Boerner Van Deuren S.C. of Milwaukee.

Before BROWN, C.J., ANDERSON and SNYDER, JJ.


¶ 1 BROWN, C.J.

Tom Russell and Thomas H. Buske raise a host of issues, most of them without merit. But three issues are novel and require us to discuss them at length. We will identify these three issues and give our brief answer first and then discuss them seriatim. After that, we will deal with the meritless issues. Ultimately, we affirm the trial court in all respects.

¶ 2 The first issue concerns a party's continuous invocation of the Fifth...

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