Legal Opinion

Wilder Chiropractic, Inc. v. Pizza Hut of Southern Wisconsin, Inc.

District Court, W.D. Wisconsin

Decided December 6, 2010No. 10-cv-229-bbcPublishedCited by 4 opinions

1Opinion of the Court

OPINION and ORDER

BARBARA B. CRABB, District Judge.

It is not uncommon for the parties on both sides of a lawsuit to attempt to use the rules of procedure to obtain tactical advantages over their adversaries. In this proposed class action brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, defendant Pizza Hut of Southern Wisconsin, Inc. is attempting to avoid potential liability on a class-wide basis by offering plaintiff Wilder Chiropractic, Inc. the maximum amount that it could obtain on its individual claim. The law is clear that such an offer would end a lawsuit brought by…

2Cases cited42 opinions

  1. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  2. Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
  3. Schur v. L.A. Weight Loss Centers, Inc.Court of Appeals for the Seventh Circuit · 2009
  4. John D. Szabo, Doing Business as Zatron v. Bridgeport MacHines Inc.Court of Appeals for the Seventh Circuit · 2001
  5. Carol B. Oshana v. Coca-Cola Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 2006

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3Cited by4 opinions

  1. Damasco v. Clearwire Corp.Court of Appeals for the Seventh Circuit · 2011
  2. Mabary v. Hometown Bank, N.A.District Court, S.D. Texas · 2011
  3. Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
  4. Johnson v. Crowdvest LLCDistrict Court, E.D. Wisconsin · 2025

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