Heightened Pleading Standard Does Not Apply to DTPA Fraud Claims, Wis. High Court Rules



DOCUMENTS
  • Opinion


MADISON, Wis. — In addressing an issue of first impression, the Wisconsin Supreme Court has ruled that the statutory heightened pleading standard for fraud claims does not apply to claims made under the state Deceptive Trade Practices Act’s prohibition of fraudulent misrepresentations.

In a Jan. 9 opinion, the high court explained that requiring plaintiffs to plead their claims with particularity would contravene the consumer protection statute’s broad scope and remedial purpose. Claims related to the Act’s prohibition of fraudulent representations are distinct from the statutory heightened pleading standard intended to govern common law fraud claims, the court held.

JeeTops are …






UPCOMING CONFERENCES




HarrisMartin's Webinar Series: Midwest Asbestos Litigation

December 02, 2020 - Haddonfield, NJ
HarrisMartin Webinar Series

MORE DETAILS