conversion claim (Wisconsin) · Go Syfert
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conversion claim in Wisconsin

8 Wisconsin opinions name it 2 courts 1922–2023 2 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 (11)

CaseFollowedCited
Estate of Stanley G. Miller v. Diane Storeygreen
wis · 2017 · cited in 1 Wisconsin opinions naming this issue, 2023–2023
1 sentence

2023See id.

11
Smith v. Briggsgreen
wis · 1885 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
2 sentences

2020See Smith v. Briggs, 64 Wis. 497, 499 , 25 N.W. 558 (1885).

2020See Smith v. Briggs, 64 Wis. 497, 499 , 25 N.W. 558 (1885).

11
Christensen v. Milbank Insurance Co.green
minn · 2003 · cited in 1 Wisconsin opinions naming this issue, 2010–2010
1 sentence

2010Instead, our reading of these cases comports with Enterprise's assessment that "[t]he 'initial permission' rule is a court made canon that has been adopted by Minnesota courts and applied to interpret both the statutorily imposed owner liability and the contractual liability of an insurer." (Emphasis added.) See, e.g., Christensen, 658 N.W.2d at 584-85 (explaining that "[i]n construing the scope of coverage created by omnibus clauses, courts have followed one of three rules: (1) the strict or conversion rule; (2) the initial permission rule; or (3) the minor deviation rule" and that Minnesota

11
Coulter Corp. v. Leinertgreen
moed · 1994 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
2 sentences

2006Va. 2002) (concluding that alternate claims, not based on information determined to be a trade secret, could proceed); Coulter Corp. v. Leinert, 869 F. Supp. 732, 734-35 (E.D.

2006P'ship v. Airtek, Inc., 985 F.Supp. 827, 830 (N.D.Ill. 1997) (concluding that to the extent materials did not constitute a trade secret, plaintiff could maintain a conversion claim); Stone Castle Fin., Inc. v. Friedman, Billings, Ramsey & Co., 191 F.Supp.2d 652, 658-59 (E.D.Va. 2002) (concluding that alternate claims, not based on information determined to be a trade secret, could proceed); Coulter Corp. v. Leinert, 869 F.Supp. 732, 734-35 (E.D.Mo. 1994) (concluding that only those claims that are premised entirely on a trade secret are abrogated); Frantz v. Johnson, 116 Nev. 455 , 465 n. 3, 9

11
AutoMed Technologies, Inc. v. Ellergreen
ilnd · 2001 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
1 sentence

2006P'ship v. Airtek, Inc., 985 F.Supp. 827, 830 (N.D.Ill. 1997) (concluding that to the extent materials did not constitute a trade secret, plaintiff could maintain a conversion claim); Stone Castle Fin., Inc. v. Friedman, Billings, Ramsey & Co., 191 F.Supp.2d 652, 658-59 (E.D.Va. 2002) (concluding that alternate claims, not based on information determined to be a trade secret, could proceed); Coulter Corp. v. Leinert, 869 F.Supp. 732, 734-35 (E.D.Mo. 1994) (concluding that only those claims that are premised entirely on a trade secret are abrogated); Frantz v. Johnson, 116 Nev. 455 , 465 n. 3, 9

11
Paint Brush Corp. v. Neugreen
sd · 1999 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
1 sentence

2006July 18, 2001) (concluding that claim was not abrogated insofar as it was not based on the misappropriation of a trade secret); Thomas & Betts Corp. v. Panduit Corp., 108 F.Supp.2d 968, 972-73 (N.D.Ill.2000) (concluding that breach of fiduciary duty claim was based solely on misappropriation of trade secret and therefore, abrogated by the UTSA); Paint Brush Corp. v. Neu, 599 N.W.2d 384, 391-93 (S.D.1999) (holding that where a breach of fiduciary duty claim is based on evidence that employee was taking steps to compete with employer while still employed was not abrogated by trade secrets statut

11
Combined Metals of Chicago Ltd. Partnership v. Airtek, Inc.green
ilnd · 1997 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
1 sentence

2006P'ship v. Airtek, Inc., 985 F.Supp. 827, 830 (N.D.Ill. 1997) (concluding that to the extent materials did not constitute a trade secret, plaintiff could maintain a conversion claim); Stone Castle Fin., Inc. v. Friedman, Billings, Ramsey & Co., 191 F.Supp.2d 652, 658-59 (E.D.Va. 2002) (concluding that alternate claims, not based on information determined to be a trade secret, could proceed); Coulter Corp. v. Leinert, 869 F.Supp. 732, 734-35 (E.D.Mo. 1994) (concluding that only those claims that are premised entirely on a trade secret are abrogated); Frantz v. Johnson, 116 Nev. 455 , 465 n. 3, 9

11
Thomas & Betts Corp. v. Panduit Corp.green
ilnd · 2000 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
1 sentence

2006July 18, 2001) (concluding that claim was not abrogated insofar as it was not based on the misappropriation of a trade secret); Thomas & Betts Corp. v. Panduit Corp., 108 F.Supp.2d 968, 972-73 (N.D.Ill.2000) (concluding that breach of fiduciary duty claim was based solely on misappropriation of trade secret and therefore, abrogated by the UTSA); Paint Brush Corp. v. Neu, 599 N.W.2d 384, 391-93 (S.D.1999) (holding that where a breach of fiduciary duty claim is based on evidence that employee was taking steps to compete with employer while still employed was not abrogated by trade secrets statut

11
Stone Castle Financial, Inc. v. Friedman, Billings, Ramsey & Co.green
vaed · 2002 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
2 sentences

2006Ill. 1997) (concluding that to the extent materials did not constitute a trade secret, plaintiff could maintain a conversion claim); Stone Castle Fin., Inc. v. Friedman, Billings, Ramsey & Co., 191 F. Supp. 2d 652, 658-59 (E.D.

2006P'ship v. Airtek, Inc., 985 F.Supp. 827, 830 (N.D.Ill. 1997) (concluding that to the extent materials did not constitute a trade secret, plaintiff could maintain a conversion claim); Stone Castle Fin., Inc. v. Friedman, Billings, Ramsey & Co., 191 F.Supp.2d 652, 658-59 (E.D.Va. 2002) (concluding that alternate claims, not based on information determined to be a trade secret, could proceed); Coulter Corp. v. Leinert, 869 F.Supp. 732, 734-35 (E.D.Mo. 1994) (concluding that only those claims that are premised entirely on a trade secret are abrogated); Frantz v. Johnson, 116 Nev. 455 , 465 n. 3, 9

11
Savor, Inc. v. FMR Corp.green
del · 2002 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
1 sentence

2006P'ship v. Airtek, Inc., 985 F.Supp. 827, 830 (N.D.Ill. 1997) (concluding that to the extent materials did not constitute a trade secret, plaintiff could maintain a conversion claim); Stone Castle Fin., Inc. v. Friedman, Billings, Ramsey & Co., 191 F.Supp.2d 652, 658-59 (E.D.Va. 2002) (concluding that alternate claims, not based on information determined to be a trade secret, could proceed); Coulter Corp. v. Leinert, 869 F.Supp. 732, 734-35 (E.D.Mo. 1994) (concluding that only those claims that are premised entirely on a trade secret are abrogated); Frantz v. Johnson, 116 Nev. 455 , 465 n. 3, 9

11
Production Credit Ass'n of Chippewa Falls v. Equity Coop Livestock Sales Ass'ngreen
wis · 1978 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
2 sentences

1996See Production Credit Ass'n v. Equity Coop Livestock Sales Ass'n, 82 Wis. 2d 5, 10 , 261 N.W.2d 127, 129 (1978) (U.C.C. case); see also Farm Credit Bank of St.

1996See Production Credit Ass'n v. Equity Coop Livestock Sales Ass'n, 82 Wis. 2d 5, 10 , 261 N.W.2d 127, 129 (1978) (U.C.C. case); see also Farm Credit Bank of St.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Frantz v. Johnsongreen
nev · 2000 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
1 sentence

2006P'ship v. Airtek, Inc., 985 F.Supp. 827, 830 (N.D.Ill. 1997) (concluding that to the extent materials did not constitute a trade secret, plaintiff could maintain a conversion claim); Stone Castle Fin., Inc. v. Friedman, Billings, Ramsey & Co., 191 F.Supp.2d 652, 658-59 (E.D.Va. 2002) (concluding that alternate claims, not based on information determined to be a trade secret, could proceed); Coulter Corp. v. Leinert, 869 F.Supp. 732, 734-35 (E.D.Mo. 1994) (concluding that only those claims that are premised entirely on a trade secret are abrogated); Frantz v. Johnson, 116 Nev. 455 , 465 n. 3, 9

11

Also cited on this issue (9)

CaseCitedYears
Methodist Manor Health Center, Inc. v. Py green
wisctapp · 2008
2 sentences

2023“Thus, a person may be liable for conversion where the person has exercised control over property even though he or she may be unaware of the existence of the rights with which he or she interferes.” Methodist Manor Health Ctr. v. Py, 2008 WI App 31 , ¶14, 307 Wis. 2d 501 , 746 N.W.2d 824 (citation omitted). ¶42 Third, the fact that Martin might have acted on behalf of Portal Properties or Gilbert is also not a defense to a conversion claim.

2023“Thus, a person may be liable for conversion where the person has exercised control over property even though he or she may be unaware of the existence of the rights with which he or she interferes.” Methodist Manor Health Ctr. v. Py, 2008 WI App 31 , ¶14, 307 Wis. 2d 501 , 746 N.W.2d 824 (citation omitted). ¶42 Third, the fact that Martin might have acted on behalf of Portal Properties or Gilbert is also not a defense to a conversion claim.

12023–2023
State v. Pettit green
wisctapp · 1992
2 sentences

2023Unlike a statutory civil theft claim, a conversion claim does not require that the “defendant knew that the owner did not consent.” Id. (citation omitted); see also WIS JI—CIVIL 2200 (2014).

2023Unlike a statutory civil theft claim, a conversion claim does not require that the “defendant knew that the owner did not consent.” Id. (citation omitted); see also WIS JI—CIVIL 2200 (2014).

12023–2023
METHODIST MANOR HEALTH CENTER, INC. v. Py green
wisctapp · 2008
2 sentences

2023“Thus, a person may be liable for conversion where the person has exercised control over property even though he or she may be unaware of the existence of the rights with which he or she interferes.” Methodist Manor Health Ctr. v. Py, 2008 WI App 31 , ¶14, 307 Wis. 2d 501 , 746 N.W.2d 824 (citation omitted). ¶42 Third, the fact that Martin might have acted on behalf of Portal Properties or Gilbert is also not a defense to a conversion claim.

2023“Thus, a person may be liable for conversion where the person has exercised control over property even though he or she may be unaware of the existence of the rights with which he or she interferes.” Methodist Manor Health Ctr. v. Py, 2008 WI App 31 , ¶14, 307 Wis. 2d 501 , 746 N.W.2d 824 (citation omitted). ¶42 Third, the fact that Martin might have acted on behalf of Portal Properties or Gilbert is also not a defense to a conversion claim.

12023–2023
Shister v. Patel green
wisctapp · 2009
2 sentences

2023Under well-established Wisconsin law, “an agent who does an act that would be a tort if he [or she] were not then acting as an agent for another is not relieved from liability to an injured third party, simply because he [or she] was acting as an agent when he [or she] caused the injury.” 21 No. 2021AP715 Shister v. Patel, 2009 WI App 163, ¶15 , 322 Wis. 2d 222 , 776 N.W.2d 632 (alterations in original) (quoting Ramsden v. Farm Credit Servs. of N. Cent.

2023Under well-established Wisconsin law, “an agent who does an act that would be a tort if he [or she] were not then acting as an agent for another is not relieved from liability to an injured third party, simply because he [or she] was acting as an agent when he [or she] caused the injury.” 21 No. 2021AP715 Shister v. Patel, 2009 WI App 163, ¶15 , 322 Wis. 2d 222 , 776 N.W.2d 632 (alterations in original) (quoting Ramsden v. Farm Credit Servs. of N. Cent.

12023–2023
Phelps v. Physicians Insurance green
wis · 2009
2 sentences

2021Co. of Wis., Inc., 2009 WI 74, ¶¶35-36 , 319 Wis. 2d 1 , 768 N.W.2d 615 . 4 The circuit court also wrestled with—and rejected—the conversion claim, but Century is only appealing the theft-by-contractor claim.

2021Co. of Wis., Inc., 2009 WI 74, ¶¶35-36 , 319 Wis. 2d 1 , 768 N.W.2d 615 . 4 The circuit court also wrestled with—and rejected—the conversion claim, but Century is only appealing the theft-by-contractor claim.

12021–2021
Mueller v. TL90108, LLC neutral
wisctapp · 2018
2 sentences

2020Mueller v. TL90108, LLC, 2018 WI App 52, ¶29 , 383 Wis. 2d 740 , 917 N.W.2d 551 .

2020Mueller v. TL90108, LLC, 2018 WI App 52, ¶29 , 383 Wis. 2d 740 , 917 N.W.2d 551 .

12020–2020
Schwigel v. Kohlmann green
wisctapp · 2002
2 sentences

2005Schwigel v. Kohlmann, 2002 WI App 121, ¶ 9 , 254 Wis. 2d 830 , 647 N.W.2d 362 . 2 Kohlmann did not challenge that portion of the judgment associated with the conversion claim.

2005Schwigel v. Kohlmann, 2002 WI App 121, ¶ 9 , 254 Wis. 2d 830 , 647 N.W.2d 362 . 2 Kohlmann did not challenge that portion of the judgment associated with the conversion claim.

12005–2005
Laverty v. . Snethen green
ny · 1877
1 sentence

1922Wilbraham v. Snow, 2 Williams’ Saunders’ Rep. 87; Boldewahn v. Schmidt, 89 Wis. 444 , 62 N. W. 177 ; Laverty v. Snethen, 68 N. Y. 522 .

11922–1922
Boldewahn v. Schmidt green
· 1895
2 sentences

1922Wilbraham v. Snow, 2 Williams’ Saunders’ Rep. 87; Boldewahn v. Schmidt, 89 Wis. 444 , 62 N. W. 177 ; Laverty v. Snethen, 68 N. Y. 522 .

1922Wilbraham v. Snow, 2 Williams’ Saunders’ Rep. 87; Boldewahn v. Schmidt, 89 Wis. 444 , 62 N. W. 177 ; Laverty v. Snethen, 68 N. Y. 522 .

11922–1922

Statutes the citing opinions construe

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

TX 117 (1978–2026) NY 115 (1951–2026) CA 113 (1926–2026) OH 70 (1914–2026) NC 68 (1956–2026) AL 47 (1880–2026) GA 44 (1936–2026) IL 40 (1946–2026) MI 29 (1929–2026) PA 28 (1868–2026) MO 26 (1907–2025) AZ 24 (1986–2025) MD 23 (1969–2024) DE 23 (1992–2025) OR 20 (1960–2025) FL 19 (1990–2026) IN 19 (1976–2026) ME 14 (2000–2024) CT 14 (1935–2006) UT 13 (1985–2026) WA 13 (2001–2025) NJ 13 (1958–2026) MA 12 (1992–2025) MN 11 (1990–2025) WY 11 (1991–2024) ND 11 (1989–2024) IA 11 (1994–2023) ID 9 (1970–2024) TN 9 (1983–2024) LA 8 (2010–2022) DC 8 (1987–2017) VT 8 (1964–2026) WI 8 (1922–2023) CO 7 (1984–2025) KS 7 (1938–2020) MS 7 (1999–2023) OK 7 (1940–2012) VA 7 (1996–2025) SC 6 (1989–2025) HI 6 (2007–2021) AR 6 (2002–2016) WV 5 (1896–2024) NM 5 (1993–2016) NV 5 (1987–2021) AK 4 (2014–2024) RI 3 (1997–2023) MT 2 (2014–2024) SD 2 (2007–2022) KY 2 (2005–2020)

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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