Representative Transactions


Olstad v. Microsoft Corp., 700 N.W.2d 139, 284 Wis.2d 224 (2005)
Considering Wisconsin’s antitrust act, court holds that it may apply to interstate commerce. 

Conley Publishing Group, Ltd. v. Journal Communications, Inc., 265 Wis.2d 128 (2003)
Court defines standard for predatory pricing under Wisconsin’s antitrust law.


Collins v. D.R. Horton, 505 F.3d 874 (9th Cir. 2007)
Arbitrators properly decline to apply collateral estoppel in dispute arising from
corporate merger; judgment for client affirmed.

Omni Tech Corp. v. MPC Solutions Sales, LLC, 432 F.3d 797 (7th Cir. 2005)
Court validates arbitration provision and reverses denial of stay in contract litigation.

Ryan v. Kontrick, 304 Ill. App. 3d 852 (1st Dist. 1999)
Punitive damages against client in arbitration reversed.

Bankruptcy and Creditors Rights 

Kontrick v. Ryan, 540 U.S. 443 (2004)
Court settles nationwide division of authority as to bankruptcy rule deadlines.

In re American Pad & Paper Co., 478 F. 3d 546 (3d Cir. 2007)
Dismissal of $2.3 million preference claim against client supplier affirmed.

Seasons Partnership v. Kraus Andersen, Inc., 700 So. 2d 60 (Fla. Ct. App. 1997)
Borrower’s failure to show equitable basis for appointment of receiver leads to reversal in favor of client lender.

SEC v. Wealth Management, 628 F.3d 323 (7th Cir. 2010)
Court affirms plan of distribution for client, SEC receiver.

Class Actions 

Bruemmer v. Compaq Computer Corp., 329 Ill. App. 3d 755 (1st Dist. 2002)
Court affirms dismissal of alleged nationwide class action against client, involving computer warranties.

Hasek v. DaimlerChrysler Corp., 319 Ill. App. 3d 780 (1st Dist. 2001)
Dismissal of class action against client related to automobile warranties affirmed.

Jamie S. v. Milwaukee Public Schools, 668 F.3d 481 (7th Cir. 2012)
Court rules in client’s favor and overturns district-wide class certification involving special education and a claimed remedy in the range of $40 million.

Constitutional Law

United States v. Georgia, 546 U.S. 151 (2006)
Represented states as amici at oral argument. Court limits reach of Americans with Disabilities Act in state prison litigation.

Anderson v. Milwaukee County, 433 F.3d 975 (7th Cir. 2006)
Court holds that client’s buses are not a public forum and thus ordinance prohibiting distribution of literature on buses did not infringe First Amendment rights.

McComb v. Superior Court In and For County of Maricopa, 189 Ariz. 518 (1997)
Constitutional challenge to statute providing for alternative structure for client school board elections upheld. 

Contracts and Commercial Law 

Finova Capital Corp. v. Richard A. Arledge, Inc., 2009 WL 166933 (9th Cir. Jan. 9, 2009)
Court affirms summary judgment for client third-party defendant on interference with contract claim.

Treiber & Straub, Inc. v. UPS, Inc., 474 F.3d 379 (7th Cir. 2007)
Notice on client’s website limiting value of items for shipment was sufficient to limit insurance liability.

General Electric Capital Corp. v. Posey, 415 F.3d 391 (5th Cir. 2005)
Client lender adequately pled action for negligent misrepresentation for inducement to lend.

Smurfit Newsprint v. Southeast Paper Mfg., 368 F.3d 944 (7th Cir. 2004)
Court reverses in favor of client and holds that New York insurance law does not apply to general contractual indemnity. 

Criminal Law

Harris v. Reed, 489 U.S. 255 (1989)
Court reverses in favor of client and holds that state courts must explicitly find waiver of constitutional rights to bar federal habeas review. Decision cited over 4,000 times by other courts.

Julian v. Bartley, 495 F.3d 487 (7th Cir. 2007)
Court finds ineffective assistance in sentencing stage and grants client habeas relief for resentencing.

United States v. McMurtrey, 704 F.3d 502 (7th Cir. 2013)
Court vacates trial court decision and rules in client’s favor, finding search warrant improper.

United States v. Willis, 523 F.3d 762, (7th Cir. 2008)
After affirming conviction, court vacates enhanced sentence resulting from obstruction of justice.


Columbia Propane L.P. v. Wisconsin Gas Co., 261 Wis. 2d 70 (2003)
Court reverses decision that client assumed unknown environmental liabilities in purchase of property.

Truck Components Inc. v. Beatrice Co., 143 F.3d 1057 (7th Cir. 1998)
Summary judgment for clients upheld on grounds that they were not responsible for environmental cleanup costs under indemnity agreement.

ABB Industrial Sys., Inc. v. Prime Tech., Inc., 120 F.3d 351 (2d Cir. 1997)
Dismissal of CERCLA claims against client relating to control of property affirmed.


Plastics Engr. Co. v. Liberty Mutual Ins. Co, __N.W. 2d__, 2009 WL 212079 (Wis. Jan. 29, 2009)
Supreme Court rules that insurer must defend and indemnify its insured in full, even if part of the injury takes place in periods during which, through exclusions or otherwise, there is no insurance policy in place.

Premium Cigars International v. Farmer-Butler-Leavitt Insurance Agency, 208 Ariz. 557 (Ct. App. 2004)
Relationship between insured and insurer did not give rise to professional negligence claim against client.

Johnson Controls, Inc. v. Employers Insurance of Wausau
, 264 Wis. 2d 60 (2003)
Supreme Court overrules past precedent and holds that costs to clean up polluted site were covered by client’s general liability policy.

Beyer v. Heritage Realty, Inc,, 251 F.3d 1155 (7th Cir. 2001)
Court reverses and holds that settlement by client is covered by policy.

Intellectual Property

IDX Systems Corp. v. Epic Systems Corp., 285 F.3d 581 (7th Cir. 2002)
Plaintiff failed to adequately identify trade secrets in misappropriation action; summary judgment for client affirmed.

Valu Engineering, Inc. v. Rexnord Corp., 278 F.3d 1268 (Fed. Cir. 2002)
Court makes distinction between de facto and de jure functionality in affirming client’s challenge to competitor’s trademark.

Labor & Employment

Roquet v. Arthur Andersen, 398 F.3d 585 (7th Cir. 2005)
Client’s layoffs held as not foreseeable and therefore not a violation of the WARN Act.

Ausman v. Arthur Andersen, 810 N.E.2d 566 (Ill. App. 2004)
Dismissal of retaliatory discharge claim against client affirmed.

Mackenzie v. Miller Brewing Co., 241 Wis.2d 700 (2001)
Court rules in favor of client, holding no cause of action for intentional misrepresentation to induce continued employment.

Libel & Slander

Freer v. Marshall & Ilsley Corp., 688 N.W.2d 756 (Wis. Ct. App. 2004)
Dismissal of slander claims by former employee of client.

Huey v. United Parcel Service, Inc., 165 F.3d 1084 (7th Cir. 1999)
Testimony by expert did not meet reliability threshold in race discrimination and retaliation action against client.


The Tohono O'Odham Nation v. City of Glendale, 253 P.3d 632 (Az. App. 2010)
Courts in reverses in favor of client in major land annexation dispute.

Products Liability 

Johnson v. Manitowoc Boom Trucks, Inc., 484 F.3d 426 (6th Cir. 2007)
Expert testimony for “prudent-manufacturer test” was properly excluded, and judgment in favor of client affirmed.

Union Pacific R.R. Co. v. Motive Equipment, Inc., 291 Wis.2d 236 (Ct. App. 2006)
State law claims for negligent design held to be preempted by federal law.

Tietsworth v. Harley Davidson, Inc., 303 Wis.2d 94 (2007) and 270 Wis.2d 146 (2004)
Court holds that fraud claims from alleged defects in motorcycle barred by economic loss doctrine. In second appeal, court reverses and holds that plaintiff could not pursue contract and warranty claims.

Public Utilities

Clean Wisconsin, Inc. et al. v. Public Service Commission, 282 Wis.2d 250 (2005)
Public Service Commission’s decision to grant certificate of public convenience and necessity for client’s $1.3 billion electrical power plant affirmed.

Alhambra-Grantfork Tel. Co. v. Illinois Commerce Commission, 358 Ill. App. 3d 818 (5th Dist. 2005)
Court affirms agency decision in favor of client, involving interconnection charges for wireless carrier. 

Real Estate

Countrywide v. Sotern, 46 So.3d 618 (Fla. App. Ct. 2010)
Court reverses in favor of client in case involving notice requirements and lien priority.

Trusts and Estates

Herlehy v. Marie V. Bistersky Trust, 407 Ill. App.3d 878 (1st Dist. 2010)
In ruling for client, court finds that trust could not be altered to eliminate charitable beneficiaries.

Zoning and Land Use 

Marseilles Hydro Power LLC v. Marseilles Land and Water Co., 518 F.3d 459 (7th Cir. 2008)
Court affirms eminent domain award and other land use issues for client’s hydroelectric plant.

Home Builders Association of Central Arizona v. City of Apache Junction, 198 Ariz. 493 (Ct. App. 2000)
Client’s statutory and constitutional challenge to development fees upheld.