Court Error – Failure to State A Claim

By: Derek Hawkins//June 21, 2017//

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WI Court of Appeals – District IV

Case Name: Thomas R. Newman v. William C. Kotlow et al

Case No.: 2016AP1913

Officials: Kloppenburg, P.J., Lundsten and Sherman, JJ.

Focus: Court Error – Failure to State A Claim

Thomas Newman appeals the circuit court’s order dismissing his complaint with prejudice. Newman argues on appeal that the circuit court erred when it construed the complaint as failing to state a claim upon which relief could be granted, and that the court applied incorrect legal standards. Newman further argues that the circuit court erroneously exercised its discretion in dismissing the complaint with prejudice. For the reasons set forth below, we affirm the order of the circuit court.

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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.

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