Minocqua – Kirk Bangstad, Owner of Minocqua Brewing Company, is appealing the largest defamation verdict in the history of Wisconsin amidst an additional complex legal battle with his insurers.
The defamation lawsuit, initiated by Gregg Walker, owner and publisher of the Lakeland Times, alleged that Bangstad and the Minocqua Brewing Company published defamatory statements about Walker and the Lakeland Times on Facebook.
Represented at trial by Crivello, Nichols & Hall, Bangstad and Minocqua Brewing Company were unsuccessful in defending against the claims brought forth by Gregg Walker because the Oneida County Circuit Court refused to properly classify Walker, a newspaper owner and publisher, as a public figure, resulting in an incorrect jury instruction.
The Circuit Court’s refusal to classify Mr. Walker as a public figure came after Crivello, Nichols & Hall, who represented Bangstad and Minocqua Brewing Company at trial, failed to cite the correct legal precedent, Polzin v. Helmbrecht, 54 Wis. 2d 578 (Wis. 1972), both in pretrial motions and at trial. Polzin v. Helmbrecht mandates that members of the media, like Walker, be treated as public figures in defamation suits. This oversight significantly impacted the trial, which resulted in the $750,000 verdict.
Amidst the legal dispute between Walker and the Lakeland Times and Bangstad and Minocqua Brewing Company, there is a separate battle between Bangstad and his insurers, West Bend Mutual and Society Insurance.
West Bend Mutual and Society Insurance hired Crivello, Nichols & Hall to defend Bangstad and Minocqua Brewing Company in the defamation case, but after Crivello, Nichols & Hall lost at trial, West Bend Mutual and Society Insurance intervened and asked the court to relieve them of their responsibility to indemnify Bangstad and Minocqua Brewing Company. That matter is currently ongoing, and Bangstad and Minocqua Brewing Company have filed a counterclaim against West Bend Mutual and Society Insurance alleging that the insurance companies acted in bad faith when they asked the court to relieve them of their duty to indemnify.
Bangstad and Minocqua Brewing Company terminated Crivello, Nichols & Hall on March 15, 2024, and hired Attorney Frederick Melms, who was previously representing Bangstad and Minocqua Brewing Company in his dispute with West Bend Mutual and Society, to assume representation and represent him on appeal.
Bangstad and Minocqua Brewing Company additionally filed a motion requesting the Oneida County Circuit Court issue a stay of enforcement of the judgment during the pendency of the appeal earlier this week.
“In the face of what we believe to be an unprecedented and unjust verdict, we’re compelled to appeal, seeking justice not just for ourselves but as a stand for the freedom of speech,” Kirk Bangstad said. “This legal challenge is a fight for the right of community voices to be heard without fear of disproportionate retribution. Our decision to move forward with this appeal, under new counsel, reflects our unwavering commitment to standing up for what we believe is right. We’re not just fighting for Minocqua Brewing Company; we’re fighting for the principle that in a free society, dialogue and dissent are pillars of American democracy.”
The Minocqua Brewing Company has become a strong progressive voice in Northern Wisconsin, drawing thousands of tourists from across the country to our historic taproom in downtown Minocqua. They have also recently opened a new “home away from home” location on the west side of Madison. More information is available at: MinocquaBrewingCompany.com.
