D is the local affiliate of the CBS television network. P, a well-known local sports figure, played football for fourteen years in the National Football League. On January 18, 1996, P and D entered into a written employment contract under which P worked for D as its sports director until he was terminated on January 20, 1997. P filed suit in the first circuit court. P claimed tortious breach of contract; promissory estoppel; wrongful termination in violation of public policy; and punitive damages. In connection with the tortious breach of contract claim, P alleged that D acted 'willfully, wantonly, recklessly and/or in bad faith' in breaching the written employment contract. D removed the case to the United States District Court and moved to dismiss the tortious breach claim. The court granted D's motion to dismiss but on reconsidered and granted P's motion for certification pursuant to Hawaii Rules of Appellate Procedure (HRAP) 13(a). P argues that the 'well-settled rule that a wanton or reckless breach of contract is actionable in tort' applies, without exception, to written employment contracts.

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