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Denial of Post-verdict Motions

By: Derek Hawkins//July 26, 2017//

Denial of Post-verdict Motions

By: Derek Hawkins//July 26, 2017//

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WI Court of Appeals – District IV

Case Name: Donald Bukstein, M.D. v. Dean Health Systems, Inc.  

Case No.: 2016AP920

Officials: Lundsten, Sherman, and Blanchard, JJ.

Focus: Denial of Post-verdict Motions

Dean Health Systems, Inc., terminated the employment of physician-employee Donald Bukstein “without cause,” pursuant to an “at-will” provision in a written employment agreement between Dean and Bukstein. Bukstein sued Dean for breach of contract and breach of the duty of good faith and fair dealing in connection with the termination. The circuit court denied Dean’s motion for summary judgment. At a jury trial, Bukstein prevailed on both claims. Dean appeals the judgment entered in favor of Bukstein, as well as the order of the circuit court denying Dean’s motion for summary judgment and the court’s denial of Dean’s post-verdict motions.

Dean argues that Bukstein’s termination was consistent with the atwill provision in the employment agreement, which allows either party to terminate the employment relationship, at any time and “without cause.” Dean also argues that it was under no duty to terminate Bukstein only in good faith, because Bukstein was an at-will employee under the employment agreement. Therefore, Dean argues, the circuit court should have granted Dean’s motion for summary judgment on both of Bukstein’s claims.

We agree with Dean that the case should have been dismissed on summary judgment, because the at-will provision authorized Dean to terminate Bukstein without cause. Accordingly we reverse and remand to the circuit court to enter an order granting Dean’s motion for summary judgment and dismissing Bukstein’s complaint in its entirety.

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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.

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