Norwest Bank Wisconsin Eau Claire, N.A. v. Plourde

Michael and Janet Plourde appeal a foreclosure judgment granted to Norwest Bank Wisconsin Eau Claire. Plourde contends that he was entitled to a jury trial as a matter of right because he was compelled to assert his counterclaims against Norwest in the foreclosure action or be subject to collateral estoppel. We conclude that Plourde was entitled to a jury trial as a matter of right because he would have been collaterally estopped from asserting certain of his claims of bad faith breach of the loan agreements against Norwest in a separate action. While an advisory jury was empaneled, counsel…