Harley-Davidson Motor Company, Incorporated v. Powersports, Incorporated and Powersports of Seminole County, Incorporated

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• collecting Wisconsin cases and holding that the economic loss doctrine does not apply to an equitable action in contract for rescission/restitution
• collecting Wisconsin cases and holding that the economic loss doctrine does not apply to an equitable action in contract for rescission/restitution
• denying summary judgment when the facts were undisputed because “the reasonable inferences arising from those facts [were] disputed and ereate[d] genuine issues of material fact”
• “both the laws of contract and tort have recognized a duty not to fraudulently induce a person into a bargain”
• \The phrase in the light most favor- able to the nonmoving party . . . simply means that summary judgment is not appropriate if the court must make a choice of inferences.\ (inter- nal quotation marks and citation omitted)
• “[U]nder Wisconsin law, if a party’s assent to a contract is induced by material or fraudulent misrepresentations, that person can either seek rescission or damages. But Wisconsin law is quite clear that the defrauded party cannot seek both[.]”

Source: CourtListener parenthetical corpus (CC0).