Cattau v. National Insurance Services of Wisconsin, Inc.

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The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of Plaintiffs' claims alleging mismanagement of their retirement benefits, holding that, despite the court of appeals' erroneous holding that Data Key Partners v. Permira Advisers LLC, 849 N.W.2d 693 (Wis. 2014), has created a new pleading standard in Wisconsin, Plaintiffs failed to state a claim upon which relief may be granted.In affirming the circuit court's dismissal, the court of appeals held (1) the Supreme Court's decision in Data Key created a new, heightened pleading standard in Wisconsin; and (2) under this new standard, Plaintiffs failed to state a claim upon which relief may be granted. The Supreme Court affirmed, holding (1) this Court unanimously concludes that the decision in Data Key did not change Wisconsin's pleading standard, as articulated in Strid v. Converse, 331 N.W.2d 350 (Wis. 1983); but (2) the Court is equally divided as to whether Plaintiffs stated a claim based on the Data Key/Strid standard, and therefore, the court of appeals' decision is affirmed. View "Cattau v. National Insurance Services of Wisconsin, Inc." on Justia Law