Memorandum of Law re Economic Loss Doctrine, Civil Theft, Fraud

USA, Wisconsin

Updated: Feb 23, 2021


Stephen Gehringer

Stephen Gehringer

Solo Practitioner

Accepted payment methods


Key description

  • Economic Loss Doctrine
  • Civil Theft (Wis. Stat. § 895.446)
  • Motion to Dismiss
  • Federal Court

Language

Categories

Industries

Covered clauses

General

  • Introduction

  • Table of Contents

  • Table of Authorities

  • Statement of Facts

Whether The Plaintiff's Claims Are Permitted Under The Economic Loss Doctrine

  • Count (Fraud)

  • 1. The Economic Loss Doctrine Does Not Apply To Fraud Claims For Rescission or Restitution

  • 2. Focused Malevolence Exception

  • 3. The Defendant's Fraud Prevented The Parties From Negotiating Freely

  • Count (Civil Theft)

  • Count (Conversion)

  • 1. Conversion is Sufficiently Plead

  • 2. Conversion is Not Barred By The Economic Loss Doctrine

  • Count (Negligence Per Se)

  • 1. The Economic Loss Doctrine Does Not Apply

  • 2. There is A Statutory Claim For Negligence

  • Count (Negligence Per Se)

  • 1. The Economic Loss Doctrine Does Not Apply

  • 2. There is A Statutory Claim For Negligence

Whether Count (Breach of Contract) is Sufficiently Pleaded

  • The Titles That Parties Choose For The Sections Within Their Pleadings Do Not Control The Substance of The Pleadings

  • Plaintiff Sufficiently Pleads A Breach of Contract In Violation of Wis. Stat


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