24-CV-1460 Faulman Investment Ltd v. Engineered Products and Services Inc et al
Order
Third-party defendants move to dismiss various claims in a third-party complaint. The complaint included breach of contract, negligence, and misrepresentation claims all based upon the same conduct. Applying Wisconsin choice-of-law rules, the Court found that Wisconsin and Florida laws conflict as to whether the tort claims are barred under Wisconsin's economic loss doctrine and Florida's independent tort doctrine. Ultimately, the Court applied Wisconsin law, dismissing the tort claims. The Court also dismissed claims for an accounting, a constructive trust, and unjust enrichment, and permitted the intervention of defendant's insurance company.
