Sufficiency of Allegations – Civil Conspiracy

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WI Court of Appeals – District III

Case Name: James Kroeger et al v. Robert Brautigam, et al

Case No.: 2015AP466

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Sufficiency of Allegations – Civil Conspiracy

James and Beth Kroeger appeal an order dismissing their claims against Sue Brautigam, Tim and Ann Clark, and Jim and Carole Kroeger (collectively with Robert Brautigam, the “Respondents”). James and Beth alleged the Respondents had engaged in a conspiracy to intentionally inflict emotional distress and had achieved their goal to Beth’s detriment. The circuit court denied the Respondents’ motion to dismiss for failure to state a claim, but later, on its own motion, required Beth to file an affidavit setting forth all conduct she believed to be “extreme and outrageous.” Upon receiving this affidavit, the court deemed the averments sufficient to support a cause of action against Robert Brautigam, but it dismissed the remaining Respondents. We agree with the circuit court that James and Beth’s allegations and averments are, as a matter of law, insufficient to support a direct cause of action for intentional infliction of emotional distress against the dismissed Respondents. However, the circuit court improperly concluded the allegations were insufficient to support a cause of action for civil conspiracy to commit intentional infliction of emotional distress against the dismissed Respondents, where a direct cause of action remains viable against Robert Brautigam. Accordingly, we reverse and remand for further proceedings against the dismissed Respondents on Beth’s civil conspiracy claim and James’s loss of consortium claim

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.