Failure to State Claim

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WI Court of Appeals – District III

Case Name: Gene Frederickson Trucking and Excavating, Inc.

Case No.: 2018AP436

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

Focus: Failure to State Claim

Gene Frederickson Trucking and Excavating, Inc. (“Frederickson”) appeals a judgment dismissing, for failure to state a claim, its civil conspiracy and “prima facie tort” claims against various defendants associated with Wagner 22, LLC (“Wagner 22” and, collectively with the other defendants, the “Wagner Group”). Frederickson contends its complaint adequately stated those claims because it alleged that the Wagner Group had conspired to effectuate a bank foreclosure that eliminated Frederickson’s junior lien on the real property at issue. We conclude the circuit court properly dismissed Frederickson’s claims because Frederickson failed to allege any unlawful conduct or purpose on the Wagner Group’s part, and because Wisconsin does not recognize “prima facie tort” as a valid basis for imposing civil liability. Accordingly, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.