APPEALS

Appeals and appellate practice are fundamentally different from trials. Some trial lawyers are skilled appellate advocates, some are not. Some skilled appellate advocates would not even consider entering a courtroom. If you find yourself in need of an appellate advocate look for someone who can quickly grasp the issues presented and frame them in a way that will receive attention from the appellate court. Ask your lawyer, how many appeals have you handled? During what period of time? How many have been in federal court and how many in state court? How many oral arguments have you presented? How many times have you appeared before the Wisconsin Supreme Court? You may be surprised. Lawyers enjoy the challenge of appellate practice – sometimes to vindicate their own trial work. Pick a lawyer skilled in appellate advocacy, even if that means hiring a new lawyer to handle an appeal. The cost will not be significantly different. The new set of eyes on the project may be invaluable.

2016:

Fontana Builders, Inc. v. Assurance Company of America, 2016 WI 52, 369 Wis.2d 495. (Builder’s Risk Insurance coverage matter)

State v. Bryzek, 2016 WI App 48. (Criminal appeal involving a Durable Power of Attorney for Finance)

2014:

Jacoby v. Dudley, 2014 WI App 120. (Scope of a police officer’s duty in a misconduct/negligence claim) CTL ex rel Trebatoski v. Ashland School Dist., 743 F.3d 524 (7th Cir. 2014).

(American’s With Disabilities Act claim regarding public school accommodation of Type-I Diabetic Child)

2011:

Fontana Builders, Inc. v. Assurance Company of America, 2010 AP 2074 (Slip Op. December 7, 2011). (Builder’s Risk insurance coverage dispute and bad faith claim)

2010:

Accola v. Fontana Builders, Inc., 330 Wis.2d 41, 792 N.W.2d 635 (Ct. App. 2010). (Insurance coverage issue involving comprehensive general liability insurance)

2005:

Thomas ex rel Gramling v. Mallett, 285 Wis.2d 236, 701 N.W.2d 523 (2005). (Amicus Brief – Lead paint industry liability personal injury claim)

2003:

State v. Hamdan, 264 Wis.2d 433, 665 N.W.2d 785 (2003). (Criminal Appeal challenging constitutionality of conceal carry law)

2001:

Kopke v. Hardrodt S.R.L., 245 Wis.2d 396, 629 N.W.2d 662 (2001). (Long arm jurisdiction over Italian paper  manufacturer and shipper in personal injury claim representing quadriplegic)

2000:

Mauer v. Joy Technologies, Inc., 212 F.3d 901 (6th Cir. 2000). (Whether rights to retiree insurance vested under a collective bargaining agreement)

Earlier

Decade 80-I, Ltd ex rel Keierleber v. PDQ Food Stores Inc. of Madison, 226 Wis.2d 42, 593 N.W.2d 94 (1999).  (Commercial lease termination dispute)

Schauer v. DeNeveu Homeowner’s Ass’n, Inc., 194 Wis.2d 62, 533 N.W.2d 470 (1995), 187 Wis.2d 32, 522 N.W.2d 246 (Ct. App. 1994). (Riparian rights under an easement)

K.G.R. v. Town of East Troy, 191 Wis.2d 446, 529 N.W.2d 231(1995), 182 Wis.2d 215, 513 N.W.2d 622 (Ct. App. 1994). (Riparian rights and development regulation on public use gifted parcel)

Rock Lake Estates Unit Owners Ass’n, Inc. v. Township of Lake Mills, 195 Wis.2d 348, 5365 N.W.2d 415 (Ct. App. 1995). (Right to expansion under condominium documents).

Krawczyk v. Harnischfeger Corp., 41 F.3d 276 (7th Cir. 1994). (Retirement benefits calculation under ERISA)

Stoesser v. Shore Drive Partnership, 172 Wis.2d 660, 494 N.W.2d 204 (1993) (Riparian rights grant under easement)

Cornell University v. Rusk County, 166 Wis.2d 811, 481 N.W.2d 485 (Ct. App. 1992). (Mineral rights)

Harnischfeger Corp. v. Harbor Ins. Co., 927 F.2d 974 (7th Cir. 1991). (Insurance coverage under an excess insurance policy)

Fort Howard Paper Co. v. Standard Havens, Inc., 901 F.2d 1373 (7th Cir. 1990). (Breach of warranty claim for air treatment plant at fossil fuel power plant)

Rubi v. Paige, 139 Wis.2d 300, 407 N.W.2d 323 (Ct. App. 1987). (Shareholder access to corporate records in closely held business)