Data Key Partners v. Permira Advisors LLC (2014)

This is not "enough heft to 'sho[w] that the pleader is entitled to relief.'" Data Key Partners, 356 Wis. 2d 665, ¶26 (alteration in original) (quoting Bell Atl.

DISCUSSION ¶15 “A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint.” Data Key Partners, 356 Wis. 2d 665, ¶19 (citation omitted).

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 (sufficiency of complaint presents a question of law); MacLeish v. Boardman & Clark, LLP, 2019 WI 31, ¶21 , 386 Wis. 2d 50 , 924 N.W.2d 799 (standing presents a question of law). ¶15 “A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint.” Data Key Partners, 356 Wis. 2d 665, ¶19 (citation omitted).

See Wysocki, 243 Wis. 2d 305, ¶¶12-16 (beginning the analysis by discussing whether the covenant was “invalid per se,” determining that it was not, and on that ground remanding for the development of an evidentiary record to use in assessing whether the covenant was reasonable under § 103.465); Data Key, 356 Wis. 2d 665, ¶¶19, 21 (the complaint must allege facts that, if true, entitle plaintiff to relief to withstand motion to dismiss).

We review a circuit court’s ruling on both motions de novo.4 See Data Key Partners, 356 Wis. 2d 665, ¶17 (motion to 4 TJ Prop argues on appeal that the circuit court “failed to apply the correct standard of review” when addressing the motions to dismiss and the motion for summary judgment.

Secors was “required to plead ‘more than labels and conclusions, and a formulaic recitation of the elements of a cause of action.’” See Data Key Partners, 356 Wis. 2d 665, ¶37 (citation omitted).

Id. (“[W]e accept as true all facts well-pleaded in the complaint and the reasonable inferences therefrom.”); id., ¶25 (“[C]ourts are not bound to accept as true a legal conclusion couched as a factual allegation.” (citation omitted)); id., ¶21 (“Bare legal conclusions set out in a complaint provide no assistance in warding off a motion to dismiss.”). ¶12 Second, when determining whether the factual allegations state a claim, we measure those allegations against the substant…

Data Key Partners, 356 Wis. 2d 665, ¶19 (citations omitted).

Data Key Partners, 356 Wis. 2d 665, ¶19 (citation omitted); Preston v. Meriter Hosp., Inc., 2005 WI 122, ¶13 , 284 Wis. 2d 264 , 700 N.W.2d 158 .

In Data Key, the court further explained that “[f]actual assertions are evidence by statements that describe: who, what, where, when, why, and how.” 356 Wis. 2d 665 at ¶21, fn. 9 (quotations and citation omitted). ¶17 This court concludes that Berrada Properties’ complaint “requires the court to indulge in too much speculation leaving too much to the imagination of the court.” John Doe 67C, 284 Wis. 2d 307 at ¶36 .

Data Key Partners, 356 Wis. 2d 665, ¶17 . 19 No. 2024AP2627 (1989) (“The general rule is well established that the doctrine of waiver or estoppel based upon the conduct or action of the insurer or its agent is not applicable to matters of coverage as distinguished from grounds for forfeiture.”).

Therefore, it is important for a court considering [whether a complaint states a claim] to accurately distinguish pleaded facts from pleaded legal conclusions.” Data Key Partners, 356 Wis. 2d 665, ¶19 (citations omitted).

Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶¶17, 19 , 356 Wis. 2d 665 , 849 N.W.2d 693 .

“A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint.” Data Key Partners, 356 Wis. 2d 665, ¶19 (citation omitted).

Data Key, 356 Wis. 2d 665, ¶21 (citing Strid v. Converse, 111 Wis. 2d 418, 422-23 , 331 N.W.2d 350 (1983)).

See Data Key Partners , 356 Wis. 2d 665 , ¶ 21, 849 N.W.2d 693 ("a complaint must plead facts, which if true, would entitle the plaintiff to relief."). ¶49 More importantly, the Washington Supreme Court ignored the text of the CDA, and the overwhelming majority of cases interpreting it, by inserting an intent exception into § 230(c)(1).

See Data Key Partners v. Permira Advisers LLC , 2014 WI 86 , ¶ 17, 356 Wis.2d 665 , 849 N.W.2d 693 .

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶18 , 356 Wis. 2d 665 , 849 N.W.2d 693 . 3 No. 2018AP2064 his substance abuse issues and his chronic PTSD.3 The ALJ issued a written decision revoking Schober’s extended supervision and ordering him reconfined for a period of three years, eleven months, and eight days.

See Kailin v. Armstrong, 2002 WI App 70, ¶31 , 252 Wis. 2d 676 , 643 N.W.2d 132 (listing elements of intentional misrepresentation). ¶16 “A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint.” Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶19 , 356 Wis. 2d 665 , 849 N.W.2d 693 (citation omitted). “[W]e accept as true all facts well-pleaded in the complaint and the reasonable inferences therefrom.” Id.

See Data Key, 356 Wis. 2d 665, ¶19 . ¶44 First, the complaint alleges sufficient facts to show that the Confidentiality provision creates a contractual obligation flowing from Attic 15 In its briefing to this court, the Plaintiffs provide more details as to the contents of the market feasibility study.

See Data Key Partners, 356 Wis. 2d 665, ¶31 (dismissal on a motion to dismiss is appropriate when the plaintiff fails to “allege facts that plausibly suggest” entitlement to relief).

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 .

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 . 11 No. 2019AP1632 against government discrimination on the basis of race and other immutable characteristics, but it also extends to protect people from so-called ‘class-of-one’ discrimination in which a government arbitrarily and irrationally singles out one person for poor treatment.” Brunson v. Murray, 843 F.3d 698, 705 (7th Cir. 2016).

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶19 , 356 Wis. 2d 665 , 849 N.W.2d 693 .

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶¶18-19 , 356 Wis. 2d 665 , 849 N.W.2d 693 .

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶18 , 356 Wis. 2d 665 , 849 N.W.2d 693 . ¶3 On March 28, 2022, WMC requested records from the DOJ containing correspondence between DOJ employees and a law firm.

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 .

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶¶37-38 , 356 Wis. 2d 665 , 849 N.W.2d 693 (citing favorably to the liberal pleading standard set forth in the eponymous Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), decision).

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶72 , 356 Wis. 2d 665 , 849 N.W.2d 693 (Abrahamson, C.J., dissenting). ¶37 One point must be made regarding the majority, however.

See Hoida, Inc., 291 Wis. 2d 283, ¶16 . “[A] court cannot add facts in the process of construing a complaint.” Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶19 , 356 Wis. 2d 665 , 849 N.W.2d 693 . ¶16 Even our most liberal construction of the complaint does not allege facts showing the control necessary to allege a master/servant relationship.

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶21 , 356 Wis. 2d 665 , 849 N.W.2d 693 (“[A] complaint must plead facts, which if true, would entitle the plaintiff to relief.”).

See Data Key Partners, 356 Wis. 2d 665 , ¶21 n.9.

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶18 , 356 Wis. 2d 665, 676 , 849 N.W.2d 693 . 2 Staz’s owner is an attorney. 2 No. 2023AP1248 “[d]raft of our first-party claim.” In response, ACS “reached out to [Staz] via phone and email, several times, asking for clarification of what was being sought.” Two days later, on February 20, Staz emailed ACS, informing ACS that: Client has requested ACS deliver on the ACS contract and provide the adjusting services as o…

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶19 , 356 Wis. 2d 665 , 849 N.W.2d 693 .

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶19 , 356 Wis. 2d 665 , 849 N.W.2d 693 ("[A] court cannot add facts in the process of construing a complaint" for a motion to dismiss); Wis. Stat. § 802.06 (2)(b) (requiring conversion to a motion for summary judgment when relying on "matters outside of the pleadings"). 11 No. 2020AP202 that there is a genuine issue for trial.'" Oracular Milwaukee, 323 Wis. 2d 682, ¶26 (quoting Wis. Stat. § 802.08 (3) (2007-08)). ¶24…

See Smith v. Williams, 2001 WI App 285, ¶8 , 249 Wis. 2d 419 , 638 N.W.2d 635 . ¶14 “A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint.” Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶19 , 356 Wis. 2d 665 , 849 N.W.2d 693 (citation omitted).

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 . 30 No. 2018AP1715 amended complaint, Jay could not assert a derivative claim on Link Global’s behalf based on those allegations. ¶67 Jay argues this analysis is flawed because it fails to acknowledge that his third amended complaint alleged Jack, Troy, and Hermeier breached their fiduciary duties to Link Global by improperly acting to decrease the value of Link Global’s asset,…

See Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 . 6 All subsequent references to the Wisconsin Statutes are to the 2017-18 version unless otherwise indicated. 3 No. 2017AP344 up a meeting by phone.

See Data Key Partners, 356 Wis. 2d 665, ¶19 . ¶18 Furthermore, although Dronso included the email from successor counsel in her response to the motion to dismiss, “submissions by a plaintiff showing facts not alleged in the complaint do not ‘cure’ a pleading deficiency.” Broome v. DOC, 2010 WI App 176, ¶12 , 330 Wis. 2d 792 , 794 N.W.2d 505 .

See id.

See id. ¶17 Dakota urges us to consider the first sentence of the pricing schedule, which states: “Waste Management of Wisconsin is pleased to provide you with pricing for disposal per your request.” Dakota appears to be arguing that this sentence confirmed an existing promise.

See Data Key Partners, 356 Wis. 2d 665, ¶31 (“[T]he sufficiency of a 5 Barone argued that the circuit court was permitted to take judicial notice of the quitclaim deed, citing WIS.

See Data Key Partners, 356 Wis. 2d 665, ¶19 .

See Data Key Partners, 356 Wis. 2d 665, ¶21 (to defeat motion to dismiss, complaint “must allege facts that, if true, plausibly suggest a violation of applicable law.”). 8 Nos. 2021AP869 2021AP870 CONCLUSION ¶22 For the reasons stated, the circuit court erroneously dismissed the complaint for failure to state a claim on which relief can be granted.

See Data Key Partners, 356 Wis. 2d 665, ¶31 .

See Voters with Facts, 382 Wis. 2d 1, ¶27 (quoting Data Key Partners, 356 Wis. 2d 665, ¶19 ). ¶186 To assess the burden on a branch of government, the concern is with "actual and substantial encroachments by one branch into the province of another, not theoretical divisions of power." Martinez v. DILHR, 165 Wis. 2d 687, 697 , 478 N.W.2d 582 (1992) (quoting J.F.

See Voters with Facts, 382 Wis. 2d 1, ¶27 (quoting Data Key Partners, 356 Wis. 2d 665, ¶19 ). ¶186 To assess the burden on a branch of government, the concern is with "actual and substantial encroachments by one branch into the province of another, not theoretical divisions of power." Martinez v. DILHR, 165 Wis. 2d 687, 697 , 478 N.W.2d 582 (1992) (quoting J.F.

See Voters with Facts, 382 Wis. 2d 1, ¶27 (quoting Data Key Partners, 356 Wis. 2d 665, ¶19 ). ¶186 To assess the burden on a branch of government, the concern is with "actual and substantial encroachments by one branch into the province of another, not theoretical divisions of power." Martinez v. DILHR, 165 Wis. 2d 687, 697 , 478 N.W.2d 582 (1992) (quoting J.F.

See Voters with Facts, 382 Wis. 2d 1, ¶27 (quoting Data Key Partners, 356 Wis. 2d 665, ¶19 ). ¶186 To assess the burden on a branch of government, the concern is with "actual and substantial encroachments by one branch into the province of another, not theoretical divisions of power." Martinez v. DILHR, 165 Wis. 2d 687, 697 , 478 N.W.2d 582 (1992) (quoting J.F.

See Data Key, 356 Wis. 2d 665, ¶¶21, 31 .