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eBook details

• Title: Rustemeyer V. Cnh Capital Corporation
• Author : State of Wisconsin in Court of Appeals District II
• Release Date : January 04, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

¶1 Ralph Rustemeyer appeals from an order granting summary judgment to his former employer, CNH Capital Corporation, in Rustemeyer's action for breach of contract based on CNH's calculation of Rustemeyer's annual incentive compensation for 2006. Rustemeyer contends that the trial court erred in granting summary judgment to CNH rather than to him because the undisputed facts establish that CNH breached its employment contract with Rustemeyer by arbitrarily adjusting the figures it used under its stated formula in calculating his 2006 compensation. CNH argues that it validly reserved discretion to calculate Rustemeyer's incentive compensation under a contract provision stating that CNH is "the sole and final arbitrator" in interpreting and applying its compensation plan, and that it properly exercised that discretion in determining the figures to use in the formula to determine Rustemeyer's 2006 incentive compensation. We conclude that (1) the "sole and final arbitrator" provision did not reserve discretion to CNH in determining Rustemeyer's incentive compensation, but rather allowed CNH to select between competing reasonable interpretations of the formula it set forth; and (2) CNH's interpretation and application of its incentive compensation formula was not reasonable, because it was contrary to the plain language of the formula.*fn1 Accordingly, we reverse and remand for the court to deny CNH's motion for summary judgment, and to grant Rustemeyer's motion for summary judgment.

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