If you are unable to see this message, click here to view it in a web browser.

Justia Weekly Opinion Summaries

Antitrust & Trade Regulation
January 10, 2020

Table of Contents

Hinrichs v. DOW Chemical Co.

Antitrust & Trade Regulation, Commercial Law, Consumer Law, Contracts

Wisconsin Supreme Court

Are You a Lawyer? The Justia Lawyer Directory boasts over 1 million visits each month.

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

verdict post

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

Read More

Antitrust & Trade Regulation Opinions

Hinrichs v. DOW Chemical Co.

Court: Wisconsin Supreme Court

Docket: 2017AP002361

Opinion Date: January 9, 2020

Judge: Ann Walsh Bradley

Areas of Law: Antitrust & Trade Regulation, Commercial Law, Consumer Law, Contracts

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of Chris Hinrichs and Autovation Limited's (collectively, Hinrichs) common law misrepresentation claims against the DOW Chemical Company and reversing the circuit court's dismissal of Hinrichs' statutory claim under Wis. Stat. 100.18, holding that the court of appeals did not err. Specifically, the Supreme Court held that, with regard to Hinrichs' common law claims, neither the "fraud in the inducement" exception nor the "other property exception" to the economic loss doctrine applied to allow Hinrichs' common law claims to go forward. With regard to Hinrichs' statutory claims the Court held (1) the economic loss doctrine does not serve as a bar to claims made under section 100.18; (2) because one person can be "the public" for purposes of section 100.18(1), the court of appeals did not err in determining that dismissal for failure to meet "the public" factor of the section 100.18 claim was in error; and (3) the heightened pleading standard for claims of fraud does not apply to claims made under section 100.18 and that Hinrichs' complaint stated a claim under the general pleading standard.

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Weekly Opinion Summaries is a free service, with 63 different newsletters, each covering a different practice area.

Justia also provides 68 daily jurisdictional newsletters, covering every federal appellate court and the highest courts of all US states.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043