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SettleADebt S_WI PASS-22

Narrow supplement: the 1979 Milwaukee Police confirmation-response holding

Fresh access date: October 26, 2026, America/Los_Angeles; October 27, 2026 UTC. Exact individual source-opening times are unknown.

Disposition: The intended 1979 published opinion body was obtained and read, including reporter pages 164–65 and the necessary surrounding majority and dissenting discussion. It directly supports the narrow defensive-confirmation exception reported in PASS-18 C027.

The source is a full public reproduction of the judicial opinion on Justia, not a court-hosted scan of the bound reporter. Thus, the missing-opinion-text gap is resolved at the published-opinion-body level; an official reporter facsimile, current consolidated chapter 788, and complete subsequent-history certification remain unverified.

No PASS-21 conclusion is adopted. The other PASS-18/PASS-20 corrections remain unchanged.

1. What was obtained—and what was not

The intended opinion is 92 Wis. 2d 145 / 285 N.W.2d 119, not the different 92 Wis. 2d 175 / 285 N.W.2d 133 decision. The opened reproduction identifies the Wisconsin Supreme Court, decision date November 6, 1979, and the correct reporter citations. S_WI-P22-C001. Justia Law

Primary opinion URL for the substantive findings below: https://law.justia.com/cases/wisconsin/supreme-court/1979/77-115-7.html

2. The exact narrow holding

2.1 Majority holding at pages 164–65

The majority held that the three-month restriction in former Wis. Stat. §298.13 did not prevent an adverse party from responding to the prevailing party’s confirmation application with statutory grounds to vacate, modify, or correct under former §§298.10 and 298.11.

That was a response to a timely court-confirmation application, not an unrestricted right to initiate an affirmative challenge whenever desired. S_WI-P22-C003–C004.

Pinpoint: Majority’s final substantive paragraph, reporter p.165, following its analysis at pp.162–65, under the heading “APPLICATION OF SEC. 298.09, STATS., TO A MOTION TO CONFIRM AN AWARD.” The bracketed “[12]” in the reproduction is not treated as a modern numbered judicial paragraph. law.justia.com

2.2 Actual procedural context

The reported sequence was:

The City had not moved within the three-month period. The Supreme Court treated its responsive dismissal motion as tantamount to a motion to vacate because it asserted that the arbitrator exceeded his authority. S_WI-P22-C002–C004.

Pinpoints: Reporter pp.149–50, 162–63. Justia Law+1

The nine-day interval between the confirmation application and response is a case fact, not a response deadline established by the decision. No present response, service, briefing, or hearing period is calculated here.

2.3 Statutory version and terminology

The opinion applied and quoted former chapter 298, specifically §§298.09, 298.10, 298.11, and 298.13. It also stated that the parties’ collective-bargaining agreement incorporated §§298.08–298.15.

The relevant quoted statutory periods were:

• confirmation within one year after the award was made; and
• service of notice seeking vacatur, modification, or correction within three months after the award was filed or delivered.

The issue statement elsewhere used “ninety days,” but the operative statutory quotation used three months. This supplement does not convert those units into one another. S_WI-P22-C002.

Pinpoints: Reporter pp.150, 160–62. The particular biennial statutory-edition year is not expressly identified in the material text read, so none is invented. Justia Law+1

2.4 Majority, merits outcome, and dissent

The timing conclusion was a majority holding, not merely an annotation or a later court’s summary. Separately, the majority concluded that the grievance was arbitrable but the arbitrator exceeded the contractual authority in granting the remedy. The Court reversed the confirming judgment. S_WI-P22-C005.

Pinpoints: Reporter pp.152–53, 158–60, 165. Justia Law+1

Justice Abrahamson dissented, joined by Justice Day. The dissent would have enforced the three-month restriction against the late response and criticized the majority’s interpretation. Its discussion is not the Court’s holding. S_WI-P22-C006.

Pinpoints: Dissent begins at p.165; relevant disagreement at pp.165–68; joinder statement at p.175. The presence of page 175 within this dissent does not change the identity of the opinion starting at page 145. Justia Law

2.5 What the decision does not resolve

This decision supplies no generalized fraud-discovery tolling rule. Its actual challenge concerned excess of arbitral authority, and the timing holding depended on a confirmation-response posture. It does not establish:

• a new three-month period beginning when fraud is discovered;
• an unlimited standalone right to vacate;
• permission to ignore a pending confirmation proceeding;
• reopening of an already entered confirmation judgment without a separate proper route;
• waiver of filing, service, or court-scheduling requirements; or
• the governing rule for every FAA, foreign-award, or differently regulated proceeding.

S_WI-P22-C004, C007–C008. These are limits on what this source establishes, not findings that every other possible remedy is unavailable. Justia Law+1

3. Full replacement for the original PASS-18 C027 cell

The supplied original record identifies the cell as S_WI-C027; its pass-qualified identity in this correction is S_WI-P18-C027.

Direct source: https://law.justia.com/cases/wisconsin/supreme-court/1979/77-115-7.html, majority pp.162–65. law.justia.com

4. Only necessary narrative and coverage replacements

4.1 PASS-18 G1.11 and PASS-20’s source-pending paragraph

Replace the source-pending qualification with:

The missing 1979 published-opinion text has now been read in PASS-22. It directly supports corrected S_WI-P18-C027’s narrow confirmation-response proposition. The primary support is the 1979 majority itself, not Brown County or an indexed annotation. The official-hosted facsimile, complete current chapter 788, and full subsequent-treatment checks remain separate holds.

No new blanket statement that a late challenge is timely should be added.

4.2 Affected existing coverage cells

4.3 Existing workflows 4 and 5

No dates, arithmetic, or other facts in the original fifteen workflows were recalculated.

5. Source register — S_WI-P22-S001 onward

All fresh accesses occurred October 26, 2026 Pacific / October 27, 2026 UTC. Exact individual opening times are unknown.

New resource rows: 2 — one successful opinion-body resource and one failed reporter-library route. Justia Law

Nonfresh source overlays

These are provenance entries, not new resources or fresh reads.

The supplied P18/P20 coordinator review timestamps remain review metadata, not source-opening clocks.

6. New atomic claim register

Every new claim remains A066/A097/A098 and parent status open.

New atomic claims: 8.

7. Two fictional posture examples

Example A — Statutory objection in a pending confirmation proceeding

Stipulated facts: A Wisconsin-governed arbitration winner timely asks a court to confirm. More than three months have elapsed since the relevant award event. The opponent promptly responds, alleging a statutory excess-of-powers ground.

Route supported by the source: Corrected S_WI-P18-C027 / P22-C003 allows consideration of that statutory objection notwithstanding expiration of the ordinary three-month challenge period. This addresses the timing obstacle—not whether the arbitrator actually exceeded authority. law.justia.com

Adverse branch: The result cannot simply be transferred to a differently governed award, a different forum, a response made contrary to the applicable court schedule, or a proceeding in which confirmation judgment has already become final.

Missing facts: Agreement, governing law, award, actual confirmation application, delivery evidence, response/service record, and alleged excess of authority. No actual deadline or outcome is determined.

Example B — Late standalone fraud challenge, no confirmation application

Stipulated facts: The award loser discovers alleged fraud after the ordinary challenge period and independently asks a court to vacate. The winner has not applied for judicial confirmation.

Result of this source check: The newly read opinion does not supply the requested timing extension. Its response-posture predicate is missing, and it did not decide fraud-discovery tolling. P22-C004/C007. law.justia.com

Adverse branch: A separate, actually established tolling or other remedy might matter, but none is certified by this pass. If a timely confirmation request later creates the relevant posture, that would require a separate procedural analysis—not retroactive permission for every earlier late motion.

Missing facts: Actual fraud, diligence, governing statute, delivery event, pending court proceedings, and applicable service rules.

New fictional workflows: 2.

8. Exact old-to-new crosswalk

Crosswalk rows: 12.

9. Complete correction-scope coverage

Core coverage rows: 18.

10. Retained holds

Deferred verification and application

Deferred rows: 6.

Territorial/local boundaries

Territorial/local rows: 3.

Final audit

The new result is substantive but narrow: the 1979 majority itself—not Brown County—supports the defensive-confirmation proposition. C027 no longer depends solely on a later citation or annotation. The legal source’s public-host limitation and all present-application holds remain explicit.

PASS-18’s original 36 sources, 66 claims, 141 coverage rows, and 15 workflows remain historical totals, not newly recounted or recertified material. P20’s earlier pending-source observation remains intact as provenance.

No actual party, litigation file, docket, creditor, arbitrator, provider, borrower, award, account, or private record was queried. The searches concerned the specifically authorized published precedent and public reporter routes only. No filing, contact, form, payment, local coordinator-file write, or publication occurred.

This supplement is not independent review, complete current-law certification, an actual timeliness or award-validity opinion, or acceptance of Wisconsin PASS-22 or the parent dossier.

END S_WI PASS-22