Legal Opinion · Concurrence

Ashker v. Aurora Medical Group, Inc.

Court of Appeals of Wisconsin

Decided November 20, 2013No. 2012AP2245Published

1ConcurrenceNeubauer, J.

¶ 15. (concurring). I write to address (1) Aurora's contention that it is entitled to *202terminate immediately for an incurable material breach,1 and (2) the consequences of Aurora's decision not to provide the thirty-day opportunity to cure in its "for cause" termination letter. I concur because I agree that, under the circumstances presented, Aurora does not have the right to terminate immediately.

¶ 16. As regards the parties' breach of contract claims, I agree that the detailed contractual provisions comprehensively address termination. I also agree that there is no unstated eighth…

2Cases cited9 opinions

  1. LJL Transportation, Inc. v. Pilot Air Freight Corp.Supreme Court of Pennsylvania · 2009
  2. Entzminger v. Ford Motor Co.Wisconsin Supreme Court · 1970
  3. Lyon v. PollardSupreme Court of the United States · 1874
  4. Seidling v. Unichem, Inc.Wisconsin Supreme Court · 1971
  5. Young Travelers Day Camps, Inc. v. FelsenNew Jersey Superior Court Appellate Division · 1972

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