Failure to State Claim

By: Derek Hawkins//April 25, 2018//

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WI Court of Appeals – District II

Case Name: Security Finance v. Brian Kirsch

Case No.: 2017AP1408

Officials: REILLY, P.J.

Focus: Failure to State Claim

Brian Kirsch appeals from an order dismissing counterclaims and amended counterclaims pursuant to the Wisconsin Consumer Act (WCA). Security Finance Corporation of Wisconsin (Security Finance) filed an action seeking a money judgment against Kirsch in small claims court under a consumer loan agreement. The circuit court concluded that Kirsch’s counterclaims failed to state a claim on which relief can be granted. We agree and affirm the decision 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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