civil conspiracy claim (Wisconsin) · Go Syfert
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civil conspiracy claim in Wisconsin

8 Wisconsin opinions name it 2 courts 1983–2025 4 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Onderdonk v. Lambgreen
wis · 1977 · cited in 3 Wisconsin opinions naming this issue, 1983–2019
2 sentences

2019See, e.g. , Scarpace v. Sears, Roebuck & Co. , 113 Wis. 2d 608 , 611, 335 N.W.2d 844 (1983) (holding an employee's discharge was not wrongful under state law, and therefore was not unlawful for purposes of supporting a civil conspiracy claim); Onderdonk , 79 Wis. 2d at 246-47 (equating unlawful acts or means to civil wrongs); Modern Materials, Inc. v. Advanced Tooling Specialists, Inc. , 206 Wis. 2d 435 , 447, 557 N.W.2d 835 (Ct. App. 1996) (holding that former manager and employees of a corporation did not engage in a wrongful or unlawful act by planning to start their own business where they

1983Regarding the civil conspiracy claim, Onderdonk v. Lamb, 79 Wis. 2d 241, 246 , 255 N.W.2d 507 (1977), sets forth the requirements to allege a civil conspiracy.

13
Andrew J. Aikens v. State of Wisconsingreen
scotus · 1904 · cited in 1 Wisconsin opinions naming this issue, 2025–2025
1 sentence

2025To support his claim, he describes MLG’s failures and omissions as follows: discontinuing communication with him; failing “to genuinely pursue with any enthusiasm their own portion of the commission”; making only a single phone call to the seller’s attorney; failing to 10 Aikens v. Wisconsin, 195 U.S. 194, 203 (1904) referred to a civil conspiracy claim arising under WIS.

11
Schwenn v. Schwenngreen
wis · 1918 · cited in 1 Wisconsin opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Schwenn v. Schwenn, 166 Wis. 420 , 166 N.W. 171 (1918) (addressing alleged conspiracy to “fraudulently” induce breach of contract); Martens v. Reilly, 109 Wis. 464, 473 , 84 N.W. 840 (1901) (addressing alleged conspiracy to “willful[ly] intermeddl[e]” in a right of first refusal in purchase of leased land).

2023See, e.g., Schwenn v. Schwenn, 166 Wis. 420 , 166 N.W. 171 (1918) (addressing alleged conspiracy to “fraudulently” induce breach of contract); Martens v. Reilly, 109 Wis. 464, 473 , 84 N.W. 840 (1901) (addressing alleged conspiracy to “willful[ly] intermeddl[e]” in a right of first refusal in purchase of leased land).

11
North Highland Inc. v. Jefferson Machine & Tool Inc.green
wis · 2017 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
2 sentences

2021We note that while Lisa (as well as Mark, now deceased) is noted in the caption as one of the “defendants-respondents,” she was not a respondent to this appeal. 5 No. 2020AP1265 ¶10 Addressing the latter issue first, North Highland and Maleki held that to prevail on a civil conspiracy claim, “a plaintiff ‘must show more than a mere suspicion or conjecture that there was a conspiracy or that there was evidence of the elements of a conspiracy.’” North Highland, 377 Wis. 2d 496, ¶23 (quoting Maleki, 162 Wis. 2d at 84 ).

2021North Highland, 377 Wis. 2d 496, ¶25 .

11
Modern Materials, Inc. v. Advanced Tooling Specialists, Inc.green
wisctapp · 1996 · cited in 1 Wisconsin opinions naming this issue, 2019–2019
2 sentences

2019See, e.g. , Scarpace v. Sears, Roebuck & Co. , 113 Wis. 2d 608 , 611, 335 N.W.2d 844 (1983) (holding an employee's discharge was not wrongful under state law, and therefore was not unlawful for purposes of supporting a civil conspiracy claim); Onderdonk , 79 Wis. 2d at 246-47 (equating unlawful acts or means to civil wrongs); Modern Materials, Inc. v. Advanced Tooling Specialists, Inc. , 206 Wis. 2d 435 , 447, 557 N.W.2d 835 (Ct. App. 1996) (holding that former manager and employees of a corporation did not engage in a wrongful or unlawful act by planning to start their own business where they

2019See, e.g. , Scarpace v. Sears, Roebuck & Co. , 113 Wis. 2d 608 , 611, 335 N.W.2d 844 (1983) (holding an employee's discharge was not wrongful under state law, and therefore was not unlawful for purposes of supporting a civil conspiracy claim); Onderdonk , 79 Wis. 2d at 246-47 (equating unlawful acts or means to civil wrongs); Modern Materials, Inc. v. Advanced Tooling Specialists, Inc. , 206 Wis. 2d 435 , 447, 557 N.W.2d 835 (Ct. App. 1996) (holding that former manager and employees of a corporation did not engage in a wrongful or unlawful act by planning to start their own business where they

11
Scarpace v. Sears, Roebuck & Co.green
wis · 1983 · cited in 1 Wisconsin opinions naming this issue, 2019–2019
2 sentences

2019See, e.g. , Scarpace v. Sears, Roebuck & Co. , 113 Wis. 2d 608 , 611, 335 N.W.2d 844 (1983) (holding an employee's discharge was not wrongful under state law, and therefore was not unlawful for purposes of supporting a civil conspiracy claim); Onderdonk , 79 Wis. 2d at 246-47 (equating unlawful acts or means to civil wrongs); Modern Materials, Inc. v. Advanced Tooling Specialists, Inc. , 206 Wis. 2d 435 , 447, 557 N.W.2d 835 (Ct. App. 1996) (holding that former manager and employees of a corporation did not engage in a wrongful or unlawful act by planning to start their own business where they

2019See, e.g. , Scarpace v. Sears, Roebuck & Co. , 113 Wis. 2d 608 , 611, 335 N.W.2d 844 (1983) (holding an employee's discharge was not wrongful under state law, and therefore was not unlawful for purposes of supporting a civil conspiracy claim); Onderdonk , 79 Wis. 2d at 246-47 (equating unlawful acts or means to civil wrongs); Modern Materials, Inc. v. Advanced Tooling Specialists, Inc. , 206 Wis. 2d 435 , 447, 557 N.W.2d 835 (Ct. App. 1996) (holding that former manager and employees of a corporation did not engage in a wrongful or unlawful act by planning to start their own business where they

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ferris v. Location 3 Corp. green
wisctapp · 2011
2 sentences

2025Citing Ferris v. Location 3 Corp., 13 No. 2024AP1501 2011 WI App 134, ¶9 , 337 Wis. 2d 155 , 804 N.W.2d 822 , the Trust argues that its pleaded misrepresentation claims “satisfies the pleading requirements for ‘the alleged wrongful acts and the damage’ elements of a conspiracy claim.” ¶33 The Trust explains that the circuit court did not determine whether its complaint pled the remaining civil conspiracy elements “because by the time it reached its ruling on the civil conspiracy claim, it had already dismissed the misrepresentation claims.”4 The Trust then offers various arguments explaining h

2025Citing Ferris v. Location 3 Corp., 13 No. 2024AP1501 2011 WI App 134, ¶9 , 337 Wis. 2d 155 , 804 N.W.2d 822 , the Trust argues that its pleaded misrepresentation claims “satisfies the pleading requirements for ‘the alleged wrongful acts and the damage’ elements of a conspiracy claim.” ¶33 The Trust explains that the circuit court did not determine whether its complaint pled the remaining civil conspiracy elements “because by the time it reached its ruling on the civil conspiracy claim, it had already dismissed the misrepresentation claims.”4 The Trust then offers various arguments explaining h

12025–2025
Martens v. Reilly green
wis · 1901
2 sentences

2023See, e.g., Schwenn v. Schwenn, 166 Wis. 420 , 166 N.W. 171 (1918) (addressing alleged conspiracy to “fraudulently” induce breach of contract); Martens v. Reilly, 109 Wis. 464, 473 , 84 N.W. 840 (1901) (addressing alleged conspiracy to “willful[ly] intermeddl[e]” in a right of first refusal in purchase of leased land).

2023See, e.g., Schwenn v. Schwenn, 166 Wis. 420 , 166 N.W. 171 (1918) (addressing alleged conspiracy to “fraudulently” induce breach of contract); Martens v. Reilly, 109 Wis. 464, 473 , 84 N.W. 840 (1901) (addressing alleged conspiracy to “willful[ly] intermeddl[e]” in a right of first refusal in purchase of leased land).

12023–2023
Maleki v. Fine-Lando Clinic Chartered, S.C. green
wis · 1991
2 sentences

2021We note that while Lisa (as well as Mark, now deceased) is noted in the caption as one of the “defendants-respondents,” she was not a respondent to this appeal. 5 No. 2020AP1265 ¶10 Addressing the latter issue first, North Highland and Maleki held that to prevail on a civil conspiracy claim, “a plaintiff ‘must show more than a mere suspicion or conjecture that there was a conspiracy or that there was evidence of the elements of a conspiracy.’” North Highland, 377 Wis. 2d 496, ¶23 (quoting Maleki, 162 Wis. 2d at 84 ).

2021North Highland also held, as a variation on this notion, that “[i]f circumstantial evidence supports equal inferences of lawful or unlawful action, then the conspiracy is not proven and the case should not be submitted to the jury.” Id. ¶11 The Hansens contend that North Highland and Maleki are inapposite for two reasons.

12021–2021
Finch v. Southside Lincoln-Mercury, Inc. green
wisctapp · 2004
2 sentences

2006The elements of that tort, set forth in Finch v. Southside Lincoln-Mercury, Inc., 2004 WI App 110 , ¶ 18 n.8, 274 Wis. 2d 719 , 685 N.W.2d 154 , are as follows: "(1) the plaintiff must have had a contract or prospective contractual relationship with a third party; (2) the defendant must have interfered with that relationship; (3) the interference by the defendant must have been intentional; (4) there must he a causal connection between the interference and damages; and (5) the defendant must not have been justified or privileged to interfere." (Citation omitted.) 7 The defendants do not disput

2006The elements of that tort, set forth in Finch v. Southside Lincoln-Mercury, Inc., 2004 WI App 110 , ¶ 18 n.8, 274 Wis. 2d 719 , 685 N.W.2d 154 , are as follows: "(1) the plaintiff must have had a contract or prospective contractual relationship with a third party; (2) the defendant must have interfered with that relationship; (3) the interference by the defendant must have been intentional; (4) there must he a causal connection between the interference and damages; and (5) the defendant must not have been justified or privileged to interfere." (Citation omitted.) 7 The defendants do not disput

12006–2006

Statutes the citing opinions construe

WI § Wis. Stat. § 808.10 (4) WI § Wis. Stat. § 802.08 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 100 (1996–2026) TX 77 (1994–2026) IL 32 (1989–2026) NC 31 (1995–2023) DE 28 (2006–2026) SC 24 (2005–2025) MO 23 (1998–2025) CA 19 (1980–2026) PA 18 (1987–2026) CO 18 (1989–2024) MI 15 (2014–2026) UT 13 (2003–2026) VA 11 (1988–2017) NM 11 (2000–2025) GA 10 (1995–2025) TN 9 (1998–2021) AL 9 (1999–2025) WI 8 (1983–2025) WV 8 (2016–2026) MA 7 (1997–2024) FL 7 (2006–2026) NY 7 (2002–2026) WA 6 (2001–2017) NV 6 (1999–2022) MS 5 (1994–2023) IA 5 (2002–2023) CT 4 (2002–2008) NJ 4 (1975–2025) DC 4 (1995–2013) OK 4 (1997–2004) IN 4 (2009–2025) WY 4 (2018–2024) AR 4 (2001–2019) RI 3 (2001–2010) ID 2 (2011–2017) KS 2 (2012–2023) KY 2 (2008–2021) NE 2 (2017–2020) VI 2 (2023–2023) MN 2 (2014–2016) SD 2 (2010–2014) MD 2 (2011–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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