FRANCIS V. LEE ENTERPRISES, INC. 971 P.2d 707 (1999) CASE BRIEF

FRANCIS V. LEE ENTERPRISES, INC.

971 P.2d 707 (1999)

NATURE OF THE CASE: Francis (P) filed a motion for reconsideration, or in the alternative, for certification regarding the issue of whether the state of Hawaii recognized tortious breach of contract in the employment context.

FACTS: D is the local affiliate of the CBS television network. P, a well-known local sports figure, played football for fourteen years in the National Football League. On January 18, 1996, P and D entered into a written employment contract under which P worked for D as its sports director until he was terminated on January 20, 1997. P filed suit in the first circuit court. P claimed tortious breach of contract; promissory estoppel; wrongful termination in violation of public policy; and punitive damages. In connection with the tortious breach of contract claim, P alleged that D acted 'willfully, wantonly, recklessly and/or in bad faith' in breaching the written employment contract. D removed the case to the United States District Court and moved to dismiss the tortious breach claim. The court granted D's motion to dismiss but on reconsidered and granted P's motion for certification pursuant to Hawaii Rules of Appellate Procedure (HRAP) 13(a). P argues that the 'well-settled rule that a wanton or reckless breach of contract is actionable in tort' applies, without exception, to written employment contracts.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner