Court Error – Failure to State a Claim

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WI Court of Appeals – District I

Case Name: Wauwatosa School District v. Wisconsin Interscholastic Athletic Association

Case No.: 2016AP2260

Officials: Kessler, Brash and Dugan, JJ.

Focus: Court Error – Failure to State a Claim  

Wauwatosa School District appeals an order dismissing its action against Wisconsin Interscholastic Athletic Association (WIAA). The issue is whether the District’s action fails to state a claim. We affirm.

The District argues that WIAA violated the duty of good faith and fair dealing implied in its contract with the District by acting in an arbitrary and capricious manner when it realigned the conferences in which the schools play sports. School Dist. of Slinger v. Wis. Interscholastic Athletic Ass’n, 210 Wis. 2d 365, 563 N.W.2d 585 (Ct. App. 1997), is dispositive. Slinger forecloses a breach of contract action against WIAA when the breach relates in some manner to conference realignment. Id. at 378-79.

The District contends that Slinger is distinguishable. The District argues that the school district in Slinger alleged breach of contract on the ground that it had a contractual right to a reasonable athletic conference alignment. Id. at 367. In contrast, the District here alleges breach of contract on the ground that it has an implied contractual right to good faith and fair dealing when WIAA realigns conferences.

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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.