Wisconsin Supreme Court Accepts Five New Cases for Review, Including Challenge to a Prison Discliplinary Action
The Wisconsin Supreme Court has accepted five new cases for review, including a case that will focus on the fairness of prison disciplinary proceedings following a prison riot.
In Brunton v. Nuvell Credit Corp., the court will determine whether a defendant waived a challenge to improper venue under Wisconsin Statute section 421.401, the venue provision of the Wisconsin Consumer Act. The plaintiff in the action admits that the case was brought in an improper venue (Dane County), but section 421.401 contemplates that a defendant may “appear[] and waive[] the improper venue.” The defendant did appear, and litigated the case for over a year before filing its motion for summary judgment on jurisdictional grounds due to the improper venue. The plaintiff argues that the defendant’s appearance and litigation activity constituted a waiver of the venue challenge. The court will determine whether a waiver did take place within the meaning of section 421.401.