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  • InsideTrack
  • February 03, 2010

    Newly supplemented, The Wisconsin Fair Dealership Law: What every Wisconsin business lawyer should know

    Automatic Supplementation Program saves time and money, ensures up-to-date library

    Subscribers to the State Bar CLE Book Automatic Supplementation program automatically receive supplements and revisions at 10 percent off the cost of the update. Find out more.

    Feb. 3, 2010 – Any attorney involved with business law in Wisconsin has encountered the state’s Fair Dealership Law, a deceptively brief statute whose relatively few words have generated volumes of case law and commentary. The legislative history is sparse and the few statutory definitions are often vague and sometimes circular. Oliver Wendell Holmes once observed that when courts construe a statute, “[w]e do not inquire what the legislature meant; we ask only what the statute means.” Nowhere is that doctrine more applicable than it is to the Fair Dealership Law.

    In the State Bar CLE Books third edition of this landmark work, the authors unravel this complicated and often misunderstood statute. They first set out the social and legislative background against which the statute came into being, and then proceed to analyze the myriad cases, published and unpublished, in which state and federal courts have construed and explained the law. The authors then distill that case law into a concise, readable, and succinct description of the statutory requirements and prohibitions. The various remedies, defenses, pleadings, and notices are clearly set out, including:

    • Choice of law issues

    • Definitions

    • Limitations and exclusions

    • Notice and cure requirements

    • Injunctive relief

    • Damages

    • Arbitration

    • Settlement

    • Attorney fees

    • Strategies and defenses

    The Wisconsin Fair Dealership Law also includes an appendix with sample pleading and notice forms.

    Newly supplemented in 2010, the authors discuss in detail the latest twists and turns of case law under the Fair Dealership Law. For instance, the Seventh Circuit Court of Appeals has said that the law affords protection to a local Girl Scout council whose charter is threatened by the national organization.

    This book is an indispensable resource for every attorney who is – or who may be – called upon to furnish advice to businesses in Wisconsin. The Wisconsin Fair Dealership Law costs $155 for members and $195 for nonmembers, plus tax, shipping, and handling. Subscribers to the Bar’s automatic supplementation service will automatically receive future updates at 10 percent off the regular price of the update. 

    • To order or for more information, contact the State Bar at (800) 728-7788 or (608) 257-3838.

    Related: More State Bar books and products


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