Legal Opinion

Univ. of Wis. Oshkosh Found., Inc. v. Bd. of Regents of the Univ. of Wis. Sys. (In re Univ. of Wis. Oshkosh Found., Inc.)

United States Bankruptcy Court, E.D. Wisconsin

Decided August 29, 2018No. Case No. 17-28077-svk; Adversary No. 17-02302Published

1Opinion of the Court

Susan V. Kelley, Chief U.S. Bankruptcy Judge

This motion for partial summary judgment filed by the University of Wisconsin Oshkosh Foundation, Inc. presents the central question in the Foundation's bankruptcy case: whether the State of Wisconsin is liable to the Foundation based on assurances the University of Wisconsin Oshkosh1 gave to the Foundation. As both parties recognize, this is a breach of contract case, and the outcome turns on whether the contracts at issue violate the Wisconsin Constitution and are thus void and unenforceable.

I. FACTUAL AND LEGAL BACKGROUND

The University's former…

2Cases cited11 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
  4. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  5. Sprague v. Ticonic National BankSupreme Court of the United States · 1939

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