103.55 Public policy as to labor litigation. - Wisconsin Statutes

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Statutes > Wisconsin > 103 > 103.55

103.55

103.55 Public policy as to labor litigation. In the interpretation and application of ss. 103.56 to 103.59, the public policy of this state is declared to be:

103.55(1)

(1) Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for all of the following reasons:

103.55(1)(a)

(a) That the existing state of affairs cannot be maintained but is necessarily altered by the injunction.

103.55(1)(b)

(b) That determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error.

103.55(1)(c)

(c) That error in issuing the injunctive relief is usually irreparable to the opposing party.

103.55(1)(d)

(d) That delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.

103.55 - ANNOT.

History: 1979 c. 110 s. 60 (9); 1985 a. 135; 1997 a. 253.

State Codes and Statutes

Statutes > Wisconsin > 103 > 103.55

103.55

103.55 Public policy as to labor litigation. In the interpretation and application of ss. 103.56 to 103.59, the public policy of this state is declared to be:

103.55(1)

(1) Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for all of the following reasons:

103.55(1)(a)

(a) That the existing state of affairs cannot be maintained but is necessarily altered by the injunction.

103.55(1)(b)

(b) That determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error.

103.55(1)(c)

(c) That error in issuing the injunctive relief is usually irreparable to the opposing party.

103.55(1)(d)

(d) That delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.

103.55 - ANNOT.

History: 1979 c. 110 s. 60 (9); 1985 a. 135; 1997 a. 253.

State Codes and Statutes

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State Codes and Statutes

Statutes > Wisconsin > 103 > 103.55

103.55

103.55 Public policy as to labor litigation. In the interpretation and application of ss. 103.56 to 103.59, the public policy of this state is declared to be:

103.55(1)

(1) Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for all of the following reasons:

103.55(1)(a)

(a) That the existing state of affairs cannot be maintained but is necessarily altered by the injunction.

103.55(1)(b)

(b) That determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error.

103.55(1)(c)

(c) That error in issuing the injunctive relief is usually irreparable to the opposing party.

103.55(1)(d)

(d) That delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.

103.55 - ANNOT.

History: 1979 c. 110 s. 60 (9); 1985 a. 135; 1997 a. 253.