Jensen v. Christensen & Lee Insurance, Inc

In Jensen v. Christensen & Lee Insurance, Inc., 157 Wis. 2d 758, 460 N.W.2d 441 (Ct. App. 1990), the Court determined that Jensen's complaint had "sufficient allegations to plead a claim that the defendants breached their fiduciary duty to Jensen as a minority shareholder of the close corporation." 157 Wis. 2d at 764. In other words, Jensen's complaint was sufficient to survive a motion to dismiss. In Jensen, there were allegations that the majority stockholders had violated the agreements of the parties. See id. The Court in Jensen predicted that while the complaint survived a motion to dismiss, it was quite possible that the defendants would prevail in later proceedings. The Court remarked that "the defendant's argument that the agreements provide for discharge as a legitimate triggering mechanism for the company's purchase of stock may be a proper issue in later proceedings" Id.