On July 1, 2011, John Kroner, a Wisconsin resident represented by Peterson, Berk & Cross and the firm's attorney Michael Brown, filed a petition for review with the Wisconsin Supreme Court.
Mr. Kroner is appealing a Wisconsin Circuit Court's decision, upheld by the Wisconsin Court of Appeals, to transfer Mr. Kroner's case from the Wisconsin forum to a tribal court.
Mr. Kroner and his counsel state the following about the case and petition:
The Wisconsin Court of Appeals' decision could limit court access for Wisconsin-based residents and businesses who have contractual relationships with tribal-affiliated corporations, and who want Wisconsin courts to handle contract disputes.
In this case, the tribal-affiliate outright conceded the Wisconsin Circuit Court had jurisdiction for the dispute, but had moved to transfer to tribal court anyway. The Court of Appeals' decision, which allowed the transfer, strengthens a tribal-affiliate's ability to pull the plug on Wisconsin litigation, and move a case to tribal court.
Wisconsin law has a discretionary transfer statute that allows a transfer from a Wisconsin court to a tribal forum, if specific factors of fairness are carefully considered, and transfer is found legally appropriate. But in the circumstances of this case, the Plaintiff-Petitioner argues a transfer to tribal court would be inefficient, inequitable and contrary to Wisconsin law.