STORY FROM: Hip & Knee Implant Litigation

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

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.

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