Governmental Immunity

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WI Court of Appeals – District II

Case Name: Robert B. Townsend, et al. v. Neenah Joint School District, et al

Case No.: 2015AP2240

Officials: Neubauer, C.J., Reilly, P.J. and Hagedorn, J.

Focus: Governmental Immunity

Plaintiffs, a group of teachers employed by Defendant Neenah Joint School District (Neenah), appeal from two orders of the circuit court granting summary judgment to Neenah. Plaintiffs filed this action for promissory estoppel, unjust enrichment, negligent misrepresentation, and strict responsibility misrepresentation after Neenah voted to amend the retirement benefits plan provided for in the district’s collective bargaining agreement (CBA) after the enactment of 2011 Wis. Act 10. The circuit court granted Neenah’s motion for summary judgment on the theory of governmental immunity pursuant to WIS. STAT. § 893.80(4) (2013-14),  thereby dismissing Plaintiffs’ claims. We affirm the circuit court, based not on a theory of governmental immunity, but on the ground that having repeatedly bargained for two-year agreements, which set forth all material terms of the bargain, Plaintiffs may not now replace their contract claim with tort, quasi contract or unjust enrichment claims

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.