One of the largest and most controversial employment verdicts in recent years — $26.6 million to a former employee of the Miller Brewing Co. who had been fired after discussing a racy episode of Seinfeld with a co-worker — has been thrown out as a matter of law.

On Feb. 22, the Wisconsin Court of Appeals found that plaintiff Jerold Mackenzie had no valid tort cause of action in charging Miller Brewing and a Miller executive with intentional misrepresentation of his job status before his dismissal. The court also upheld the trial court’s rejection of Mackenzie’s claim of wrongful termination.

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