Wisconsin Appellate Court Lowers Threshold for Lawsuits Against Sellers of Diseased Livestock.

Thursday, August 21, 2008 8:56 AM CDT

On June 25 the Wisconsin Court of Appeals published a decision in Michael and Marcia Wilson v. Robert Tuxen which sets forth new standards for filing a lawsuit against individuals who sell or transport diseased livestock in Wisconsin. Farmers that unknowingly purchase livestock with one of nineteen diseases do not need to prove that the seller knowingly deceived the buyer, a significant advantage in a Wisconsin court of law. Simply proving that the livestock had the disease on the date of sale is enough to hold the seller liable, and to ask for all damages from the purchase, including loss of an operation. Dairymen that unknowingly purchase cows with Johne's disease may file a similar lawsuit against the seller, however the buyer most prove the seller knowingly deceived the buyer. The Wilson v. Tuxen decision is a new and important interpretation of Wisconsin statutes and regulations.

The Court of Appeals' decision allows buyers to file lawsuits that do not have the typical burdens associated with contract law, including having to give the seller notice and an opportunity to "cure" the sale, and significant limitations on the amount of damages that can be awarded by a jury. The Court of Appeals decision is very favorable to farmers that unknowingly purchasing diseased livestock and sustained significant damages.

For more information, visit www.fmjlaw.com.

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