Gottsacker v. Monnier’s Empirical Analysis
2005
Citation profile
2 federal appellate · 2 district · 21 state decisions
How this case has been cited
Cited by 31 later decisions — most recently April 2023 · most notably John Doe 1 v. Archdiocese of Milwaukee (2007), Weddell v. H2O, INC. (2012)
2 federal appellate · 2 district · 21 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 97 Wis. 2d 100 - Wurtz v. Fleischman · 122 Wis. 2d 158 - Tahtinen v. MSI Insurance · 137 Wis. 2d 397 - Ford Motor Co. v. Lyons · 156 Wis. 2d 420 - Borchardt v. Wilk · State v. Leitner
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A limited liability company (LLC) has been described as "an unincorporated association of investors, called members in LLC parlance, whose personal liability for obligations of the venture are limited to the amount invested." Joseph W Boucher et al., LLCs and LLPs: A Wisconsin Handbook § 1.4 (rev. ed. 1999). It is a distinct business entity that adopts and combines features of both partnership and corporate forms. Id. From the partnership form, the LLC borrows characteristics of informality of organization and operation, internal governance by contract, direct participation by members in the company, and no taxation at the entity level. Id. From the corporate form, the LLC borrows the characteristic of protection of members from investor-level liability. Id. Flexible in nature, the LLC allows direct involvement and control by its members yet also permits a corporate representative form of governance if the entity elects to be governed by managers. Id.”
3 later decisions quote this exact passage“a business entity providing limited liability, flow-through taxation, and simplicity.”
2 later decisions quote this exact passage“[F]lexibility within the act and freedom of contract among members were the overriding goals [of the WLLCL], ... [T]he WLLCL incorporated flexible default provisions that were designed to apply only if the operating agreement did not address the issue.... The paramount importance of flexibility and freedom of contract is evident throughout the WLLCL. All statutory provisions dealing with governance, membership, finance, dissolution and even fiduciary duties may be varied by the operating agreement. The drafters intended the operating agreement to give members the opportunity to establish the real law applicable to the LLC, even with the attendant risk to the unsophisticated investor. Notwithstanding this approach, it was also intended that the LLC form be suitable for the "mom and pop" grocery store. The drafters hoped that the LLC would provide an inexpensive and simple vehicle that did not require legal guidance at every step. Indeed, it was visualized that an operating agreement would not even be required for many LLCs or that the agreement would merely focus on the specifics of the business deal, permitting the statute to fill in the gaps. Thus, the default provisions were drafted with a common-sense business approach. 9”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.