Court of Appeals of Wisconsin· 3/15/2018
MacLeish v. Boardman & Clark LLP
Citations
- 915 N.W.2d 455
- 2018 WI App 28
- 381 Wis. 2d 471
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating PACA Acreates a >non- segregated floating trust,= which gives produce suppliers priority over . . . other creditors”
- finding 1. that the term “sums owing in connection with” includes “not only the price of commodities but also... attorneys’ fees and interest that buyers and sellers have bargained for in their contracts.”
- “Because PACA trusts are intended for the benefit of all unpaid suppliers, all beneficiaries to a trust share the same priority.”
- \We must decide whether sellers who are beneficiaries of a trust established under [PACA] are entitled to attorney fees and costs as provided in their contracts.\
- “Commodity sellers likely offer lower prices if they know that the financial burden of their collection efforts will be lightened by the recovery of attorney fees and prejudgment interest.”
- “When the import of the words Congress has used is clear . . . we need not resort to legislative history, and we certainly should not do so to undermine the plain meaning of the statutory language.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.