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Breach of Agreement – Breach of Duty of Good Faith

By: Derek Hawkins//October 8, 2019//

Breach of Agreement – Breach of Duty of Good Faith

By: Derek Hawkins//October 8, 2019//

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WI Court of Appeals – District I

Case Name: Bufkin Academy, LLC dba Texas Bufkin Christian Academy v. Carolyn Stanford Taylor, et al.

Case No.: 2018AP1384

Officials: Brash, P.J., Kessler and Dugan, JJ.

Focus: Breach of Agreement – Breach of Duty of Good Faith

Bufkin Academy, LLC appeals an order of the trial court granting summary judgment in favor of the Wisconsin Department of Public Instruction (DPI). The Academy was a participant in the Milwaukee Parental Choice Program, and DPI had previously notified the Academy that due to ongoing concerns regarding its financial status, DPI was barring it from continuing to participate in the Program. The Academy appealed that decision, and subsequently entered into a Settlement Agreement with DPI which outlined specific conditions that the Academy had to meet, by the deadlines set in the Agreement, in order to remain in the Program. The Academy failed to meet several of those deadlines, and therefore DPI notified the Academy that it was barred from the Program.

The Academy then filed the action underlying this appeal, alleging that DPI had breached the terms of the Settlement Agreement and its duty of good faith under the Agreement. The Academy also sought a declaratory judgment of its rights under the Agreement and an injunction to keep DPI from barring it from the Choice Program. The State argued that DPI did not breach the terms of the Agreement because the Academy had in fact failed to meet deadlines set forth in the Agreement. The State further asserted that, in any event, the Academy’s claims fail under the doctrine of sovereign immunity.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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