Mackenzie V. Miller Brewing Co.
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''Mackenzie v. Miller Brewing Co.'' was a 2001 case relating to employment law. It is sometimes known as the "Seinfeld case".''Mackenzie v. Miller Brewing Co.'', 2000 WI App 48, ΒΆ 18, 234 Wis. 2d 1, 17
608 N.W.2d 331
336.


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 A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from t ...
. 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 ''Seinfeld'' ( ) is an American television sitcom created by Larry David and Jerry Seinfeld. It aired on NBC from July 5, 1989, to May 14, 1998, over nine seasons and List of Seinfeld episodes, 180 episodes. It stars Seinfeld as Jerry Seinfeld ( ...
'' ("
The Junior Mint "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 ...
"), which contained many ''
double entendre A double entendre (plural double entendres) is a figure of speech or a particular way of wording that is devised to have a double meaning, of which one is typically obvious, whereas the other often conveys a message that would be too socially ...
s''.''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.") Mackenzie was fired for "poor managerial judgement." Wisconsin is an "
at will In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause" for termination), and without warning, as long as the reason is not illegal (e.g. fi ...
" 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 Ralph Adam Fine (February 14, 1941 – December 5, 2014) was an American judge, author, and television personality who served on the Wisconsin Court of Appeals from 1988-2014. A former attorney for the United States Department of Justice, Fi ...
, the damages awarded by the trial court were partially overturned in the District I Court of Appeals. In particular, the court decided that there was no action in
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
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.''Mackenzie v. Miller Brewing Co.'', 2001 WI 23, 241 Wis.2d 700
623 N.W.2d 739


References


External links

* * {{caselaw source , case = ''Mackenzie v. Miller Brewing Co.'', 2001 WI 23, 241 Wis.2d 700, 623 N.W.2d 739 , courtlistener =https://www.courtlistener.com/opinion/1829078/mackenzie-v-miller-brewing-co/ , googlescholar = https://scholar.google.com/scholar_case?case=11645128641889637933 , leagle =https://www.leagle.com/decision/2001941241wis2d7001898 2001 in United States case law Wisconsin state case law United States labor case law