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FOTUSKY v. PROHEALTH CARE, INC.

Appeal No. 2021AP1395.

991 N.W.2d 502 (2023)

407 Wis.2d 554

2023 WI App 19

Thomas FOTUSKY, Plaintiff-Respondent, v. PROHEALTH CARE, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed: March 15, 2023.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Terry E. Johnson and Kevin M. Fetherston of von Briesen & Roper, s.c., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert C. Welcenbach of Welcenbach Law Offices, S.C., Milwaukee, Scott Borison of Legg Law Firm LLC, Baltimore, Maryland, and John Craig Jones of Jones & Hill Trial Lawyers, South Oakdale, Louisiana.

Before Gundrum, P.J., Neubauer and Grogan, JJ.

¶1 ProHealth Care, Inc. (ProHealth) appeals from a circuit court order certifying a class action lawsuit related to ProHealth's alleged violations of WIS. STAT. § 146.83(3f)(b) (2017-18).1 On appeal, ProHealth asserts the circuit court erred, not in certifying a class, but rather in certifying

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