BEILFUSS v. HUFFY CORP.,

No. 03-2006.

274 Wis.2d 500 (2004)

2004 WI App 118

685 N.W.2d 373

DAVID BEILFUSS, Plaintiff-Appellant, v. HUFFY CORPORATION, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 12, 2004.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Mark G. Blum and Lori J. Fabian of Hippenmeyer, Reilly, Moodie & Blum, S.C., Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of Lawrence T. Lynch and Michael P. Kohler of Foley & Lardner, Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.


ANDERSON, P.J.

¶ 1. Strong public policy considerations underpin Wisconsin's law controlling covenants not to compete and lead to the conclusion that the choice of law clause in an employment contract between David Beilfuss and Huffy Corporation is invalid. Because the validity of a choice of law clause is a prerequisite to the validity of a choice of forum clause, it is unreasonable to enforce the provision in the contract selecting Ohio as the exclusive forum...

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