Sanctions Bad Faith Attorney Fees.


Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: Bruck Law Offices, S.C. v. KSMS Our House, LLC

Case No.: 2018AP1118

Officials: BRASH, J.

Focus: Sanctions Bad Faith Attorney Fees

Bruck Law Offices, S.C. appeals orders of the circuit court awarding attorney's fees to KSMS Our House, LLC in the amount of $7420.55 as a sanction against Bruck for its conduct during a garnishment action, and denying Bruck's motion for reconsideration regarding that sanction. The circuit court found that prior to Bruck's filing of a motion seeking to hold KSMS liable for failing to comply with an earnings garnishment notice, Bruck had not conducted a reasonable inquiry to determine whether there was evidentiary support for that motion, and that it had acted in bad faith by "misus[ing] the court process." The court awarded sanctions pursuant to WIS. STAT. 802.05(2); additionally, the court held that it could award the attorney's fees as an equitable remedy under WIS. STAT. 812.38(1)(c), which allows the court to levy equitable...

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