In this Kenosha County case, the plaintiff (buyer) sued the defendant (seller) for misrepresentation and the two settled the case. The seller then turned around and sued our client (broker) for Breach of Fiduciary Duty and Contribution for the settlement to buyer. Attorney Davis filed a Motion to Dismiss based on the two-year statute of… Continue reading Attorney Daniel Davis Obtains Hard Fought Dismissal for Real Estate Broker
Category: Case Results
Attorney Gelshenen Obtains Dismissals Based on Statute of Limitations
In two separate cases, Attorney John Gelshenen obtained voluntary dismissals after filing motions to dismiss based on the applicable statutes of limitation. The first was a Sauk County case in which the buyer sued our client who acted as broker for the seller. The buyer alleged interference with Plaintiff’s Property Rights, Intentional Interference with Contractual… Continue reading Attorney Gelshenen Obtains Dismissals Based on Statute of Limitations
Attorneys John Gelshenen and Daniel Davis Obtain Dismissal for Real Estate Agent Three Times on Same
Case
In this Walworth County case, buyers sued sellers for misrepresentation surrounding the use of a pier on a Lake Geneva property. Sellers tried to bring our client into the lawsuit more than two years after the closing. Attorney Gelshenen immediately moved to dismiss the case based on the two-year statute of limitations. The court granted… Continue reading Attorneys John Gelshenen and Daniel Davis Obtain Dismissal for Real Estate Agent Three Times on Same
Case
Attorneys John Gelshenen and Daniel Davis Obtain Rare Dismissal on Summary Judgment for Real Estate
Agent
In this Dane County case plaintiff buyers sued the sellers, sellers’ real estate agent, and our client, who acted as buyers’ agent. Plaintiffs advanced claims for failure to disclose and breach of fiduciary duty against our client based on an alleged failure to disclose wildlife easements on the property. Buyers learned of the easements prior… Continue reading Attorneys John Gelshenen and Daniel Davis Obtain Rare Dismissal on Summary Judgment for Real Estate
Agent
Attorney Daniel Davis Obtains Dismissal for Real Estate Broker
In this Milwaukee County case, Plaintiff sued our client for failure to disclose material adverse facts that were “reasonably observable.” Attorney Davis immediately filed a motion to dismiss arguing that the duty to disclose is limited to material adverse facts that the buyer does not know or cannot discover through reasonably vigilant observation. Thus, Davis… Continue reading Attorney Daniel Davis Obtains Dismissal for Real Estate Broker
Attorney Daniel Davis Turned a Default Judgment into Full Dismissal for His Real Estate Agent Client
In this Winnebago County case, plaintiffs sued sellers for misrepresentation. Sellers brought our client into the case claiming contribution and indemnification. An answer to the complaint was never filed and Sellers moved for default judgment, which the judge granted. That meant that our clients were on the hook for any damages the Plaintiffs could prove.… Continue reading Attorney Daniel Davis Turned a Default Judgment into Full Dismissal for His Real Estate Agent Client
Attorney John Gelshenen Obtains Dismissal at Trial For Real Estate Agent
In this Milwaukee County case, plaintiffs alleged a false advertising claim against the seller for alleged false information contained in the MLS listing and the Real Estate Condition Report. Sellers dragged the seller’s real estate agent into the lawsuit claiming that the agent was to blame and should have to pay the plaintiffs. After numerous… Continue reading Attorney John Gelshenen Obtains Dismissal at Trial For Real Estate Agent
$1,500,000 Policy Limits Paid to Motorcyclist Injured in West Milwaukee Accident
Late on a summer evening, a young woman was driving her motorcycle home from work when a driver of an SUV exited a parking lot into the motorcyclist’s path, causing a collision. She was ejected from her bike, sustaining multiple leg fractures and requiring multiple surgeries. Shortly after the accident, she retained Davis & Gelshenen… Continue reading $1,500,000 Policy Limits Paid to Motorcyclist Injured in West Milwaukee Accident
Cudahy Car Crash Victim Receives $100,000 Policy Limit Settlement
This accident arose when a driver made a left turn against the right of way striking a vehicle proceeding in the opposite direction. The vehicle’s passenger suffered a fractured humerus bone in her right arm, headaches, plantar fasciitis, back pain, and knee pain. She retained Davis & Gelshenen to represent her and Attorney Michaelson-Link secured… Continue reading Cudahy Car Crash Victim Receives $100,000 Policy Limit Settlement
$63,000 Settlement Attained for Davis & Gelshenen Client Injured in West Allis Car Accident
The accident happened as our client was attempting to complete a left turn once her light changed from yellow to red. An oncoming vehicle from the opposite direction failed to stop for the red light and the vehicles collided. Our client suffered from post concussive syndrome, contusions, bruising and pain all over her body. Attorney… Continue reading $63,000 Settlement Attained for Davis & Gelshenen Client Injured in West Allis Car Accident