Wisconsin § 134.01 - Injury to business; restraint of will.

§ 134.01. Injury to business; restraint of will.

Any 2 or more persons who shall combine, associate, agree, mutually undertake or concert together for the purpose of willfully or maliciously injuring another in his or her reputation, trade, business or profession by any means whatever, or for the purpose of maliciously compelling another to do or perform any act against his or her will, or preventing or hindering another from doing or performing any lawful act shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $500. 134.01 History History: 1993 a. 482 . 134.01 Annotation A complaint alleging a conspiracy for the purpose of injuring another by means of perjury and resulting damage states a claim upon which relief can be granted. Radue v. Dill, 74 Wis. 2d 239 , 246 N.W.2d 507 (1976). 134.01 Annotation Malice is an integral element that must be proved under this section and must be proved in respect to both parties to the conspiracy. For conduct to be malicious under conspiracy law, it must be conduct intended to cause harm for harm’s sake. Maleki v. Fine-Lando Clinic Chartered, S.C., 162 Wis. 2d 73 , 469 N.W.2d 629 (1991). 134.01 Annotation A doctor’s personal service corporation was merely the alter ego of the doctor. The doctor and the corporation did not constitute “two or more persons” under this section. Wausau Medical Center, S.C. v. Asplund, 182 Wis. 2d 274 , 514 N.W.2d 34 (Ct. App. 1994). 134.01 Annotation An employee’s claim against fellow employees for injury to reputation and profession was preempted by s. 102.03. Mudrovich v. Soto, 2000 WI App 174 , 238 Wis. 2d 162 , 617 N.W.2d 242 , 99-1410 . 134.01 Annotation Malicious injury to reputation and business claims do not require the existence of a contract in order to lie. The economic loss doctrine does not apply in the case of an independent tort based on allegations distinct from any contract allegations that seeks separate, non-economic damages. Brew City Redevelopment Group, LLC v. Ferchill Group, 2006 WI 128 , 297 Wis. 2d 606 , 724 N.W.2d 879 , 04-3238 . 134.01 Annotation This section is a criminal statute, but Wisconsin courts have found an implied private right for victims of such conspiracies. To prove a claim under this section, a plaintiff must show that: 1) the defendants acted together; 2) with a common purpose to injure the plaintiff’s reputation or business; 3) with malice; and 4) the plaintiff suffered financial harm. Kuryakyn Holdings, LLC v. Ciro, LLC, 242 F. Supp. 3d 789 (2017).