Bishop v. Blue Cross & Blue Shield United

Blue Cross & Blue Shield United of Wisconsin, the defendant in this action, appeals from an order denying its motion for attorney fees and costs following the plaintiffs’ voluntary dismissal of the lawsuit. The issue is whether the trial court applied an erroneous legal standard in its decision to deny the fees and costs. We conclude that the court employed the wrong rule when it used the standard applicable to dismissals without prejudice in a case where the dismissal was with prejudice. Because, however, application of the correct, more strict, rule would require denial of the motion as a…