By: Derek Hawkins//September 1, 2015//
Civil
7th Circuit Court of Appeals
Officials: KANNE and SYKES, Circuit Judges, and ELLIS, District Judge
Failure to State a Claim – Breach of Contract
No.14-3563 Steven Olson v. Bemis Company, Inc
Appellant breaches clause of settlement agreement, eradicating any obligation of defendant-respondent to pay him.
“Regardless, Bemis’s promise to pay hinged on Olson’s waiver of his claims against the company. If we treat Olson’s waiver obligation as an independent contractual obligation, then there’s no doubt that Olson materially breached the contract by filing his hybrid § 301 suit. This excused Bemis from any subsequent obligation it may have had under the agreement.8 Similarly, if we treat the waiver obligation as a condition precedent to Bemis’s payment, then Olson failed to satisfy that condition and Bemis never was under any obligation to pay. The $20,000 payment was consideration for the waiver of all of Olson’s claims—including those related to his termination—and Olson chose to challenge his discharge in court rather than take the money. He was free to make that choice, but now he must live with the consequences.”
Affirmed