Wis JI-Civil 2820

Section 134.01 of the Wisconsin statutes makes it unlawful for two or more persons to

act together to maliciously injure another person's reputation, trade, business, or profession.

(Plaintiff) claims that the (defendants) (defendant) and ( ) acted together in

violation of this Wisconsin law to maliciously injure (his) (her) (reputation) (trade) (business)

(profession).

To establish a violation, (plaintiff) must prove four things:

First, that the (defendants) (defendant) and ( ) acted together.

Second, that the (defendants) (defendant) and ( ) acted with a common purpose

to injure the (plaintiff's) (reputation) (trade) (business) (profession).

Third, that the (defendants) (defendant) and ( ) acted maliciously in carrying out

the common purpose.

Fourth, the acts of the (defendants) (defendant) and ( ) financially injured the

plaintiff.

The first thing (plaintiff) must prove is that the (defendants) (defendant) and ( )

acted together. This means that they agreed, combined, associated or mutually undertook a

common purpose.

The second thing (plaintiff) must prove is that the agreed upon purpose was to injure

(plaintiff)'s (reputation) (trade) (business) (profession).

The third thing (plaintiff) must prove is that the persons who acted with the common

purpose to injure the (plaintiff)'s (reputation) (trade) (business) (profession) acted

maliciously; that is, with a malicious motive. For conduct to be malicious, it must be intended

to cause harm for harm's sake. The harm must be an end in itself, and not merely a means

toward some legitimate end.

The fourth thing the (plaintiff) must prove is that the harmful acts of the (defendants)

(defendant) and ( ) financially injured (plaintiff). This means that (plaintiff) sustained

economic damage as a result of the acts of the (defendants) (defendant) and ( ) in

carrying out their malicious purpose.

[Burden of Proof, Wis. JI-Civil 205]