Successes

An experienced Palmersheim Dettmann, S.C. business disputes attorney or business disputes lawyer can help you achieve your objectives and turn your issue into a success. Contact us at our Madison, Wisconsin office to learn more.

Here are just a few of our firm’s successful verdicts & settlements:

— Assisted clients in asset purchase of business worth approximately $1,000,000.00. When seller unfairly competed and illegally attempted to use tradename he had sold, we sued and won a full recovery for our clients, from circuit court through unanimous Wisconsin Supreme Court decision upholding the award and allowing recovery of punitive damages and attorney fees.

— Represented four PGA golf professionals who, as independent contractors, operated the four City of Madison golf courses. The City terminated the agreements, and we successfully persuaded the Wisconsin Supreme Court that the Golf Pros were protected by the Wisconsin Fair Dealership Law. Subsequently, we won a jury trial on behalf of the four Pros, winning on all 20 jury questions and requiring the City to pay substantial damages and attorney fees.

— A multi-year litigation on behalf of minority shareholders against business brokers for fraud in the sale of majority shareholders stock. The brokers assisted former president, who sold his majority interest in the company to outsiders and allowed them to mortgage the corporate assets in order to give the loan proceeds to the buyers to pay for the majority stock. A weeklong trial resulted in a $2.9 million judgment and ultimately a $3.6 million recovery on behalf of the shareholders.

— Represented a business owner selling a business for $1.2 million. When the sale fell through, the broker claimed he was still entitled to his commission under his listing agreement. We successfully persuaded the Wisconsin Supreme Court to modify the law with respect to brokers’ listing agreements, and the Supreme Court held as a matter of law that our client did not have to pay the commission.

— Represented a family business that operated in Wisconsin under the family name for decades, and had federally trademarked the name. A much larger out-of-state company owned by relatives bought a prominent group of dealerships in Wisconsin and Michigan and began operating under the family name, causing substantial confusion among customers and vendors. We obtained a jury verdict on behalf of the clients finding that although the defendants had used the name for a longer period of time, they were infringing the federal trademark.

— Represented a specialty physician group in a multi-state dispute with a medical practice management company, and obtained a judgment against the company for fraud and mismanagement exceeding $1.6 million.

— Represented a 50% shareholder in a corporation who discovered that the other 50% shareholder had set up a competing manufacturing business. In addition, the competing shareholder sought to exercise options within the shareholder agreement to require our client to pay him $75,000 in additional salary and fees while allowing him to retain his shares. After suing the competing shareholder for breaching his fiduciary duty, we were able to negotiate a settlement where the competing shareholder gave up his demands and instead paid $2 million to our client.

— Represented a family farmer who was sued by his brother, a 50% partner in the farm business, alleging our client owed damages for failing to account for farm income and asking the court to grant control of the farm’s dairy herd and operation to the brother. We filed a counterclaim on behalf of the client based on money diverted by the brother and his wife from the farm partnership for their personal benefit. A jury rejected the brother and sister-in-law’s arguments and awarded our client $850,000 in damages, including punitive damages.

— Represented a client who constructed a $6 million facility in Chicago and the owner failed to pay the full amount due. In arbitration, the property owner countersued for $8 million in damages. After a two week trial, the arbitrator disallowed the bulk of the property owners’ claims, ultimately awarding our client $400,000 in construction damages and interest, which also entitled our client to recover $350,000 in costs and attorney fees.

— Represented a brother in a family farming business who was sued by several non-farming siblings to require that he pay the remaining family members $1.6 million representing 50% of the farm land’s fair market value. Our client had entered into a shareholder agreement 30 years previously with his brother/partner who is now deceased, and that shareholder agreement established a far lower value and purchase price for the business. After a jury trial, the jury found in our client’s favor and authorized a payment of $225,159.67 pursuant to the shareholder agreement.

— Defended a trustee in a family dispute involving seven siblings. Some of the siblings attempted to remove the trustee in order to take control over the trust assets, as well as force the trustee to personally pay for all attorney’s fees incurred in the lawsuit. After a trial, the court ruled in our client’s favor and upheld her right to continue administering the trust according to their father’s wishes, and denying any claim for attorney’s fees or other monies to be paid by the trustee directly to the siblings.

— Represented employer against employees who locked the employer out of the office while they copied all of the company’s computer records and then deleted them from the company computers. They then started competing business using those records. A jury trial resulted in a favorable verdict.

— Represented a small insurance company with sales in approximately 30 states when vice president and his spouse secretly set up separate company, then used their positions with the insurance company to funnel work through this intermediary company, diverting profits to themselves. We brought an action against the vice president, his spouse and others. After a 7-day jury trial, we obtained a substantial award, which forced the former employees out of business.

— Represented minority shareholder in oppression case when he was fired after complaining about the president’s spending company money for his personal living expenses. The jury trial resulted in full recovery for client.

— Represented minority shareholder in securities fraud action in federal court against remaining shareholders. The minority shareholder held 40% of the stock, but was fired without cause. The other shareholders purchased his stock and represented that they had no plans to sell the company. Shortly thereafter, the remaining shareholders sold the company for millions of dollars. Recovered $3,400,000.00 for client.

— Defended a bankruptcy attorney in a professional malpractice claim based on his representation of a client while with a law firm that had  been dissolved. After a jury trial, received a verdict for the client of no liability and no damages.

— Represented a Wisconsin brewery in a trade name infringement claim against a national beer manufacturer, resulting in a favorable settlement where manufacturer paid the Wisconsin brewery for the right to use the trade name at issue.

— Represented a corporation in a merger with a holding company where dissenting shareholders sued, challenging the appraised value of their shares, which resulted in a judgment for the corporation upholding the proper appraisal.

— Represented a 50% shareholder and officer in a national communications company who was sued for breaching his fiduciary duty by allegedly self-dealing and competing with the company, resulting in a jury verdict finding that there was no violation and the shareholder was exonerated.

— Represented an international manufacturer of industrial equipment in a lawsuit successfully blocking a competitor from using the client’s trade secret methods, and subsequently successfully suing a co-conspirator of the first defendant from trying to continue using the trade secret.

— Represented an employee of a national franchise who was sued in multiple state courts for breaching his noncompetition agreement, and successfully arguing to a Wisconsin court that the case should be decided in Wisconsin and that the agreement was overbroad and void under Wisconsin law.

— Represented a national manufacturer of customized industrial equipment in a contract dispute where the equipment buyer alleged a breach of a written contract. Successfully argued to a federal district court and the 7th Circuit Court of Appeals that the contract had been modified verbally and by the party’s conduct resulting in a judgment of several hundred thousand dollars.