Clark v. Aetna Finance Corp.

2 Citing cases

  1. Red Rock Lake Fin., LLC v. Gretzlock

    769 N.W.2d 877 (Wis. Ct. App. 2009)

    This is because the Wisconsin Consumer Act "depends upon private lawsuits for enforcement and . . . private enforcement of the Act will be unsuccessful unless prevailing consumers can expect adequate attorney fee awards." Clark v. Aetna Fin. Corp., 115 Wis.2d 581, 591, 340 N.W.2d 747 (Ct.App. 1983). ¶ 6 Although an attorney fee award is mandatory, WIS. STAT. § 425.308 leaves determination of the amount to the circuit court's discretion.

  2. Bayfield Fin., LLC v. Harvey

    769 N.W.2d 877 (Wis. Ct. App. 2009)

    This is because the Wisconsin Consumer Act "depends upon private lawsuits for enforcement and . . . private enforcement of the Act will be unsuccessful unless prevailing consumers can expect adequate attorney fee awards." Clark v. Aetna Fin. Corp., 115 Wis.2d 581, 591, 340 N.W.2d 747 (Ct.App. 1983). ¶ 6 Although an attorney fee award is mandatory, WIS. STAT. § 425.308 leaves determination of the amount to the circuit court's discretion.