Legal Opinion · Dissent

Hoida, Inc. v. M & I MIDSTATE BANK

Wisconsin Supreme Court

Decided June 13, 2006No. 2003AP2108Published

1DissentAnn Walsh Bradley, J.

¶ 53. (dissenting).

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¶ 54. I begin with a simple premise: ourjobisto clarify, not to confuse the law.

¶ 55. Thus, I am perplexed by the majority's approach here. It is as though the majority initially wrote the opinion limiting liability based on duty. See majority op., ¶¶ 20-40. Then, recognizing that such an approach is inconsistent with Wisconsin law, it reworded some things and tagged on an ending that limits liability based on public policy, without deleting the initial duty analysis. See id., ¶¶ 41-43.

¶ 56. Today's majority inexplicably seems to cloud what this court recently…

2Cases cited23 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Coffey v. City of MilwaukeeWisconsin Supreme Court · 1976
  3. A. E. Investment Corp. v. Link Builders, Inc.Wisconsin Supreme Court · 1974
  4. Osborne v. MontgomeryWisconsin Supreme Court · 1930
  5. Bowen v. Lumbermens Mutual Casualty Co.Wisconsin Supreme Court · 1994

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