893.93 Annotation If the complaint does not allege the requisite elements for a cause of action based on fraud, s. 893.19 (7) [now s. 893.93 (1) (b)] does not apply. Estate of Demos, 50 Wis. 2d 262, 184 N.W.2d 117.
893.93 Annotation A complaint alleging employment discrimination on the basis of sex and seeking back-pay damages is an action upon a liability created by statute, and in the absence of any other applicable limitation, the 6-year limitation of s. 893.19 (4) [now s. 893.93 (1) (a)] applies. Yanta v. Montgomery Ward & Co., Inc. 66 Wis. 2d 53, 224 N.W.2d 389 (1974).
893.93 Annotation When unreasonable delay in bringing suit prejudices the defendant because of the death of a key witness, laches will bar suit even if the s. 893.19 (7) [now s. 893.93 (1) (b)] statute of limitations does not. Schafer v. Wegner, 78 Wis. 2d 127, 254 N.W.2d 193.
893.93 Annotation Complaints under the open meetings law are not brought in the individual capacity of the plaintiff but on behalf of the state, subject to the 2-year statue of limitations under sub. (2). Leung v. City of Lake Geneva, 2003 WI App 129, 265 Wis. 2d 674, 666 N.W.2d 104, 02-2747.
893.93 Annotation Sub. (1) (a) does not apply to a professional disciplinary proceeding, the focus of which is to monitor and supervise the performance of a person who has been granted the privilege of a license in this state. Krahenbuhl v. Wisconsin Dentistry Examining Board, 2004 WI App 147, 275 Wis. 2d 626, 685 N.W.2d 591, 03-2864.
893.93 Annotation Claims for injury caused by an Archdiocese's alleged fraudulent misrepresentation that the Archdiocese did not know that priests it assigned had histories of sexually abusing children and did not know the priests were dangerous to children were independent claims based on the Archdiocese's alleged knowledge of the priests' prior sexual molestation of children and the Archdiocese's intent to deceive children and their families and not derivative of the underlying sexual molestations by the priests. The date of the accrual of the fraud claims was when the plaintiffs discovered or, in the exercise of reasonable diligence, should have discovered that the Archdiocese's alleged fraud was a cause of their injuries. John Doe v. Archdiocese of Milwaukee, 2007 WI 95, 303 Wis. 2d 34, 734 N.W.2d 827, 05-1945.
893.93 Annotation It is not necessary that a defrauded party have knowledge of the ultimate fact of fraud. What is required is that it be in possession of such essential facts as will, if diligently investigated, disclose the fraud. The burden of diligent inquiry is upon the defrauded party as soon as he or she has such information as indicates where the facts constituting the fraud can be discovered. John Doe v. Archdiocese of Milwaukee, 2007 WI 95, 303 Wis. 2d 34, 734 N.W.2d 827, 05-1945.
893.93 Annotation The 6-year limitations period found in sub. (1) (a) applies to actions under the Uniform Fiduciaries Act, s. 112.01. Willowglen Academy-Wisconsin, Inc. v. Connelly Interiors, Inc. 2008 WI App 35, 307 Wis. 2d 776, 746 N.W.2d 570, 07-1178.
893.93 Annotation The limitation period under sub. (1) (b) was tolled when the victim had “sufficient knowledge to make a reasonable person aware of the need for diligent investigation." Stockman v. La Croix, 790 F.2d 584 (1986).
893.93 Annotation A cause of action under sub. (1) (b) accrues on the discovery of the fraud. Discovery occurs when the party has knowledge that would cause a reasonable person to make sufficient inquiry to discover the fraud. Owen v. Wangerin, 985 F.2d 312 (1993).
893.93 Annotation Section 551.59 (5) applies to actions arising out of sales of securities under SEC rules, rather than s. 893.19 (7) [now s. 893.93 (1) (b)]. Kramer v. Loewi & Co., Inc. 357 F. Supp. 83 (1973).
893.93 Annotation Section s. 893.21 (1) [now s. 893.93 (2) (a)] did not control an action by the EEOC charging discrimination in employment when the statute limited only acts brought by a “private party" and the EEOC is a federal agency enforcing public policy. Equal Employment Opportunity Comm. v. Laacke & Joys Co. 375 F. Supp. 852 (1974).
893.93 Annotation Section 893.19 (4), 1977 stats. [now s. 893.93 (1) (a)] governs civil rights actions. Minor v. Lakeview Hospital, 421 F. Supp. 485 (1976).
893.93 Annotation Section 893.19 (4) [now s. 893.93 (1) (a)] governed an action under federal law against an oil refiner for compensatory damages for alleged overcharges. Section 893.21 (1) [now s. 893.93 (2) (a)] governed an action for treble damages. U. S. Oil Co., Inc. v. Koch Refining Co. 497 F. Supp. 1125 (1980).
893.93 Annotation The defendant in a civil rights action was estopped from pleading the statute of limitations when its own fraudulent conduct prevented the plaintiff from timely filing suit. Bell v. City of Milwaukee, 498 F. Supp. 1339 (1980).
893.93 Annotation Discovery occurs when the plaintiff has information that would constitute the basis for an objective belief as to his or her injury and its cause. The degree of certainty that constitutes sufficient knowledge is variable, depending on the particular facts and circumstances of the plaintiff. With corporate players, a different quantum of expertise and knowledge is in play. Wisconsin courts have recognized that ignorance is a less compelling excuse for corporate enterprises in the context of the discovery rule. KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., et al., 763 F.3d 743 (2014).
893.93 Annotation At a minimum, actions for contractual rescission based on negligent or strict responsibility misrepresentation sound in contract, not tort, at least under Wisconsin law; and are not actions “on the ground of fraud" under sub. (1) (b). If all misrepresentations — intentional, negligent, and strict responsibility — were “fraudulent," there would be no need for the second category of “material" misrepresentations. CMFG Life Insurance Co. v. UBS Securities, 30 F. Supp. 3d 822 (2014).
893.94 893.94 Organized crime control; civil remedies. Any civil action arising under ss. 946.80 to 946.88 is subject to the limitations under s. 946.88 (1).
893.94 History History: 1981 c. 280; 1989 a. 121.
893.95 893.95 Unclaimed property; civil remedies. Any civil action to enforce ch. 177 is subject to the limitations under s. 177.29 (2).
893.95 History History: 1983 a. 408.
893.96 893.96 Family leave and medical leave; civil remedies. Any civil action arising under s. 103.10 (13) (a) is subject to the limitations of s. 103.10 (13) (b).
893.96 History History: 1987 a. 287.
893.965 893.965 Bone marrow and organ donation leave; civil remedies. Any civil action arising under s. 103.11 (13) (a) is subject to the limitations of s. 103.11 (13) (b).
893.965 History History: 2015 a. 345.
893.97 893.97 Business closing notification. An action arising under s. 109.07 (3) is subject to the limitations under s. 109.07 (4) (d).
893.97 History History: 1989 a. 44.
893.98 893.98 Cessation of health care benefits notification. An action arising under s. 109.075 (3) is subject to the limitations under s. 109.075 (4) (d).
893.98 History History: 1997 a. 237.
893.99 893.99 Home care consumer notification. An action arising under s. 105.115 (4) (a) is subject to the limitations under s. 105.115 (4) (a).
893.99 History History: 2005 a. 197.
893.99 Note NOTE: Statutes not contained in this chapter that relate to or impose time restrictions on asserting a claim or a cause of action include, but are not limited to, the following:
Annulment of marriage   s. 767.313
Anti-trust violations   s. 133.18 (2)
Bank deposits and collections   s. 404.111
Bank liquidation, claim   s. 220.08 (5)
Beverage tax, recovery   s. 139.092
Bridge, lien for damages related to   s. 31.26
Business closing notification, claims and actions   s. 109.07 (4)
Child, rehearing on status   s. 48.46
Construction lien, bond, notice   s. 779.036
Construction lien, notice   s. 779.02
Construction lien, notice and claim   s. 779.06
Consumer transactions, customer remedies   s. 425.307
Contract for sale, breach   s. 402.725
Cooperatives, articles of amendment, contesting validity   s. 185.53 (4)
Cooperatives, dissolution, effect on remedy   s. 185.76
Cooperatives, dissolution, unlawful distributions   s. 185.71 (6)
Corporations, directors' liability, proceedings against   s. 180.0833 (3)
Corporations, dissolution, nonstock, remedies   s. 181.1407
Corporations, dissolution proceeding, claim   ss. 180.1406 (2), 180.1407 (2)
Corporations, shareholder dissent   ss. 180.1328 (2), 180.1330 (1)
Corporations, take-over, recovery of security   s. 552.21 (3)
Creditors' claims   s. 128.14
Dam, lien for damages related to   s. 31.26
Death, effect on cause of action   s. 859.15
Decedent's estate:
Contesting claim   s. 859.33
Claim against   s. 859.01
Election of surviving spouse   s. 861.11
Fraud of surviving spouse   s. 861.17 (5)
Marital property agreement   s. 766.58 (13)
Tort claim against   s. 859.45
Discrimination in employment, complaint   s. 111.39 (1)
Drainage proceedings, appeals   s. 88.09
Election, contesting, notice   s. 13.23
Employment relations commission, appeals to   s. 230.44 (4) (c)
Employment relations commission orders, action to enforce   s. 230.44 (3)
Ethics commission, complaints to   19.49 (2) (f)
Ethics commission, impermissible stadium district contracts   19.59 (1) (g) 8.
Execution, after death of debtor   s. 815.14
Extradition of persons of unsound mind   s. 51.84
Family and Medical Leave Act, violations   s. 103.10 (13)
Felony prosecutions   s. 939.74
Flood damage from milldam, action for   s. 31.33 (1)
Franchise investment, action to enforce   s. 553.51 (4)
Fraudulent representation, commercial   s. 100.18 (11) (b) 3.
Gambling, recovery of wagers   s. 895.056
Garnishment, reinstatement of employment   s. 425.110
General relief, recovery   s. 49.08
Hazardous substance cleanup, cost recovery by local governments   s. 292.33 (7)
Health care benefits cessation, failure of employer to notify   s. 109.075 (4)
Highways, alleys, defect in deed   s. 66.1033
Home inspectors, actions against   s. 440.977
Housing discrimination   s. 106.50 (6) & 106.52 (4)
Income tax, collection actions   s. 71.77
Insurance, action on policy   s. 631.83
Insurance policy, absent insured   s. 813.22
Insurance securities, recovery of insider profits   s. 611.31 (4)
2015-16 Wisconsin Statutes updated through 2017 Wis. Act 273 and all Supreme Court and Controlled Substances Board Orders effective on or before April 14, 2018. Published and certified under s. 35.18. Changes effective after April 14, 2018 are designated by NOTES. (Published 4-14-18)