Mackenzie v. Miller Brewing Co.

Last updated
Mackenzie v. Miller Brewing Co.
Seal of the Supreme Court of Wisconsin.svg
Court Wisconsin Supreme Court
Full case nameJerold J. Mackenzie v. Miller Brewing Company and Robert L. Smith, Patricia G. Best
DecidedMarch 20, 2001 (2001-03-20)
Citation(s)2001 WI 23; 241 Wis.2d 700; 623 N.W.2d 739
Case history
Appealed fromMackenzie v. Miller Brewing Co., 2000 WI App 48, 234 Wis. 2d 1, 608 N.W.2d 331

Mackenzie v. Miller Brewing Co. was a 2001 case relating to employment law. It is sometimes known as the "Seinfeld case". [1] [2]

Contents

Background

Mackenzie was employed by Miller. His highest position was ranked "Grade Level 14". During a reorganization in 1987, his responsibility was decreased, but he retained the same grade level. In 1989, the role was downgraded to 13, but Mackenzie, along with others, was grandfathered. In 1992 his grade level was dropped, and he lost the right to participate in the company's equity plan, though he continued to receive the same salary. Mackenzie claimed that he was given the impression that he was looked on favorably, while in fact evidence showed that his boss thought he was unsuitable for promotion.

In 1993, a colleague complained that Mackenzie had made numerous comments about an episode of Seinfeld ("The Junior Mint"), which contained many double entendres . [3]

Mackenzie was fired for "poor managerial judgement." [2] Wisconsin is an "at will" state.

Hearing

Mackenzie claimed damages in Milwaukee, on the basis that Miller had misled him about his prospects and standing with the company, thereby inducing him to remain under its employ past the age where he could reasonably expect a successful career path elsewhere.

The jury awarded him $6.5 million for compensatory and $18 million in punitive damages.

Appeal

In a majority verdict of Charles B. Schudson and Ralph Adam Fine, the damages awarded by the trial court were partially overturned in the District I Court of Appeals. [1] [2] In particular, the court decided that there was no action in tort over the company's alleged misrepresentation of Mackenzie's standing in the company. Mackenzie appealed again to the Wisconsin Supreme Court, which upheld the Court of Appeals' ruling. [4]

Related Research Articles

Frederick Miller

Frederick Edward John Miller was a brewery owner in Milwaukee, Wisconsin. Born as Friedrich Eduard Johannes Müller in Riedlingen, Württemberg, he founded the Miller Brewing Company at the Plank Road Brewery, purchased 167 years ago in 1855. He learned the brewing business in Germany at Sigmaringen.

The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property.

Diane S. Sykes American judge

Diane Schwerm Sykes is an American jurist and lawyer who serves as the chief judge of the U.S. Court of Appeals for the Seventh Circuit. She served as a justice of the Wisconsin Supreme Court from 1999 to 2004.

Wisconsin Supreme Court Highest court in the U.S. state of Wisconsin

The Wisconsin Supreme Court is the highest appellate court in Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.

<i>Vosburg v. Putney</i> American torts case

Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403, was an American torts case that helped establish the scope of liability in a battery. The case involved an incident that occurred on February 20, 1889 in Waukesha, Wisconsin. A 14-year-old boy, Andrew Vosburg, was kicked in his upper shin by an 11-year-old boy, George Putney, while the two were in their schoolhouse's classroom. Unbeknownst to Putney, Vosburg had previously injured his knee, and after the incident he developed a serious infection in the area that required physicians to drain pus and excise bone, and left him with a weakness in his leg for the rest of his life. The verdict of the lawsuit's first trial was set aside, and in the second trial the jury awarded Vosburg $2500 in compensatory damages.

G. Heileman Brewing Company American brewing company

The G. Heileman Brewing Company of La Crosse, Wisconsin, United States, was a brewery firm that operated from 1858 to 1996. It was ultimately acquired by Stroh's, and its independent existence ceased. From 1872 until its acquisition, the brewery bore the family name of its co-founder and brewer Gottlieb Heileman.

Forest Home Cemetery Historic cemetery in Milwaukee County, Wisconsin

Forest Home Cemetery is a historic rural cemetery located in the Lincoln Village neighborhood of Milwaukee, Wisconsin and is the final resting place of many of the city's famed beer barons, politicians and social elite. Both the cemetery and its Landmark Chapel are listed on the National Register of Historic Places and were declared a Milwaukee Landmark in 1973.

Valentin Blatz Brewing Company United States historic place

The Valentin Blatz Brewing Company was an American brewery based in Milwaukee, Wisconsin. It produced Blatz Beer from 1851 until 1959, when the label was sold to Pabst Brewing Company.

"The Junior Mint" is the 60th episode of the NBC sitcom Seinfeld. It is the 20th episode of the fourth season. It aired on March 18, 1993. In the episode, Jerry cannot remember the name of the woman he is dating and learns that it rhymes with a part of the female anatomy. Meanwhile, Elaine's artistic ex-boyfriend develops a lethal infection after Jerry and Kramer drop a Junior Mint into his body during a surgical operation. This episode won Michael Richards his first Emmy of the series.

<i>Murphy v. IRS</i>

Marrita Murphy and Daniel J. Leveille, Appellants v. Internal Revenue Service and United States of America, Appellees, is a controversial tax case in which the United States Court of Appeals for the District of Columbia Circuit originally held that the taxation of emotional distress awards by the federal government is unconstitutional. That decision was vacated, or rendered void, by the Court on December 22, 2006. The Court eventually overturned its original decision, finding against Murphy in an opinion issued on July 3, 2007.

U.S. Highway 41 (US 41) is a north–south highway United States Numbered Highway in eastern Wisconsin. It runs from Pleasant Prairie on the Illinois border north to Marinette on the Michigan border. Most of the route is concurrent with Interstate 41 in the state, with the exception of the portion between Howard, a suburb of Green Bay, and Marinette.

<i>Appling v. Walker</i>

Appling v. Walker was a state court lawsuit that challenged the constitutionality of Wisconsin's domestic partnership registry. The action began as a petition for original action before the Wisconsin Supreme Court asking the Court for a declaration that the registry is unconstitutional and for a permanent injunction against the registry, which began registering couples on August 3, 2009. On November 4, 2009, the Court declined to take the case. Petitioners then refiled in state circuit court and the court ruled in June 2011 that the registry is constitutional. That decision was affirmed by a state appeals court in December 2012, and by the Wisconsin Supreme Court in July 2014.

<i>Bammert v. Dons Super Valu, Inc.</i>

In Bammert v. Don's Super Valu, Inc., 646 N.W.2d 365, the Wisconsin Supreme Court was faced with "a single question of first-impression: can the public policy exception to the employment-at-will doctrine be invoked when an at-will employee is fired in retaliation for the actions of his or her non-employee spouse?" The court answered this question in the negative.

<i>Brockmeyer v. Dun & Bradstreet</i>

Brockmeyer v. Dun & Bradstreet 113 Wis. 2d 561, 335 N.W.2d 834, was a case in which the Wisconsin Supreme Court first identified that Wisconsin has some judicial exceptions to the employment at will doctrine.

William P. Lyon American politician and Union Army general (1822–1913)

William Penn Lyon was an American lawyer, politician, and judge who served as the 7th Chief Justice of the Wisconsin Supreme Court and the 12th Speaker of the Wisconsin State Assembly. He also served as a Union Army officer in the American Civil War.

Caldwell v. J. H. Findorff & Son, Inc., 2005 WI App 111, 283 Wis. 2d 508, 698 N.W.2d 132, was a 2005 case heard by the Wisconsin Court of Appeals in the United States.

Elijah Fox Cook was an American lawyer and Democratic politician. He served in the state senates of Michigan (1838–1840) and Wisconsin (1857–1859), and was the 3rd Mayor of Sheboygan, Wisconsin.

Beer in Milwaukee Beer culture in Milwaukee, Wisconsin

Milwaukee, Wisconsin, has one major brewery and dozens of microbreweries, and is home to several iconic beer brands from a variety of brewers. It has had an association with beer throughout its history, with the brewing industry getting its start prior to its official founding as a city and was nationally recognized as such by the end of the 19th century. This heritage can be found explicitly in its Major League Baseball team, the Milwaukee Brewers, and on recognizable beer brands such as Old Milwaukee and Milwaukee's Best. This recognition of Milwaukee as a brewing hub dates back to the early 20th century, and boasted the world's largest brewing capacity as late as 1981. The city is nationally recognized with the nickname "Brew City" due to its nearly two centuries of brewing heritage from multiple past major brewers including Miller Brewing Company, Pabst Brewing Company, and Joseph Schlitz Brewing Company. Today, through the ownership of MillerCoors, the city's largest brewery produces 10 million barrels of beer annually.

In direct response to election changes related to the COVID-19 pandemic and 2020 United States presidential election in Wisconsin; the Donald Trump 2020 presidential campaign launched numerous lawsuits contesting the election processes of Wisconsin. All of these have either been dismissed or dropped.

References

  1. 1 2 Mackenzie v. Miller Brewing Co., 2000 WI App 48, ¶ 18, 234 Wis. 2d 1, 17, 608 N.W.2d 331, 336.
  2. 1 2 3 "Appeals court overturns 'Seinfeld' case". The Daily Reporter. Milwaukee, WI. 14 July 2000.
  3. Mackenzie, 234 Wis. 2d at 17 ("She said she was offended when Mackenzie commented on and later continued to discuss the show's thinly veiled references to female sexual anatomy.")
  4. Mackenzie v. Miller Brewing Co., 2001 WI 23, 241 Wis.2d 700, 623 N.W.2d 739.