Breach of Contract – Misrepresentation

By: Derek Hawkins//April 28, 2020//

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WI Court of Appeals – District IV

Case Name: Dawn Livingston-Hickethier, et al. v. Janesville KIA

Case No.: 2018AP2276

Officials: Blanchard, Graham and Nashold, JJ.

Focus: Breach of Contract – Misrepresentation

Dawn Livingston-Hickethier and Chris Hickethier appeal a circuit court order dismissing their claims against Janesville KIA relating to the purchase of a used vehicle. The Hickethiers alleged statutory claims for fraud and unconscionable practices under WIS. STAT. ch. 218 and a common law claim for intentional misrepresentation. We conclude that these claims were properly dismissed because the Hickethiers failed to sufficiently allege that Janesville KIA made a knowing misrepresentation relating to defects in the vehicle or engaged in unconscionable practices. 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.

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