KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A.

Dist. Ct. did not err in granting defendant-law firm’s motion for summary judgment in action by plaintiff-bankrupt corporation alleging that defendant engaged in conspiracy with individual(s) within said corporation to obtain corporation’s assets and to bankrupt corporation, where basis of summary judgment order was finding that plaintiff filed instant action beyond relevant 6-year limitation period pursuant Wisconsin statute. Under Wisc. law, trigger for limitation period starts whenever party has sufficient knowledge to make reasonable person aware of need for diligent investigation into alleged fraud, and record showed that plaintiff had such knowledge when it received more than six years prior to filing instant action defendant’s client file of plaintiff, indicating that attorney in defendant law firm had preexisting relationship with plaintiff’s chief financial officer (CFO), that attorney from defendant’s law firm discussed possibility of CFO forming his own company and purchasing plaintiff’s assets at distressed prices.