Key description
- Economic Loss Doctrine
- Civil Theft (Wis. Stat. § 895.446)
- Motion to Dismiss
- Federal Court
Language
Categories
Industries
Covered clausesGeneral
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Introduction
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Table of Contents
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Table of Authorities
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Statement of Facts
Whether The Plaintiff's Claims Are Permitted Under The Economic Loss Doctrine
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Count (Fraud)
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1. The Economic Loss Doctrine Does Not Apply To Fraud Claims For Rescission or Restitution
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2. Focused Malevolence Exception
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3. The Defendant's Fraud Prevented The Parties From Negotiating Freely
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Count (Civil Theft)
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Count (Conversion)
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1. Conversion is Sufficiently Plead
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2. Conversion is Not Barred By The Economic Loss Doctrine
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Count (Negligence Per Se)
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1. The Economic Loss Doctrine Does Not Apply
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2. There is A Statutory Claim For Negligence
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Count (Negligence Per Se)
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1. The Economic Loss Doctrine Does Not Apply
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2. There is A Statutory Claim For Negligence
Whether Count (Breach of Contract) is Sufficiently Pleaded
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The Titles That Parties Choose For The Sections Within Their Pleadings Do Not Control The Substance of The Pleadings
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Plaintiff Sufficiently Pleads A Breach of Contract In Violation of Wis. Stat