Menard, Inc. v. Liteway Lighting Products

¶ 57. {dissenting). I strongly disagree with the majority that Menard's lawsuit against Liteway is barred by the doctrine of claim preclusion.1 The majority concludes that all three ele*617ments for claim preclusion are present and, additionally, that Menard was required to raise its claims in the action brought by Liteway pursuant to the common-law compulsory counterclaim exception to Wisconsin's permissive counterclaim statute, Wis. Stat. § (Rule) 802.07(1) (1999-2000)2 I respectfully dissent because there is no identity of claims or causes of action between the first and second suits involving…