Appellate

Representative Matters

Quarles & Brady has appeared in every federal circuit court of appeals, including 375 federal appeals over the past decade. And our appellate attorneys shape state law, generating 139 published decisions in the same period.

Appellate work is ultimately a procedural specialty, not tied to any particular subject matter—so our appellate experience encompasses a wide range of substantive law: antitrust, arbitration, bankruptcy and creditors’ rights, class actions, constitutional law, contracts and commercial law, environmental, insurance, intellectual property, labor and employment, libel and slander, municipal law, products liability, public utilities, real estate, tax, trusts and estates, and zoning and land use. In short, our appellate experience is as diverse as the clients Quarles & Brady serves.

We’re proud of our successes on behalf of our clients. Here are ten from the ten past years:

Winebow, Inc. v. Capitol-Husting Co, Inc.
381 Wis. 2d 732, 914 N.W.2d 631 (Wis. 2018)

Quarles & Brady won a favorable answer from the Wisconsin Supreme Court on a question certified by the Seventh Circuit: the high court ruled that wine dealers do not fall within the scope of the Wisconsin Fair Dealership Law and thus confirmed that our client had no continuing obligations to downstream distributors it had terminated.

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Deutsche Bank National Trust Co. v. Sheard
249 So.3d 736 (Fla. Dist. Ct. App. 2018)

After a foreclosure action was dismissed at the trial level for the bank’s purported failure to meet conditions precedent requiring notice, Quarles & Brady argued and won a reversal of the dismissal and a remand with instructions to enter final judgment in the bank’s favor, turning a defeat into a victory and sparing the bank from further loss in connection with the foreclosed property.

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American Family Mut. Ins. Co. v. Cintas Corp. No. 2
383 Wis. 2d 63, 914 N.W.2d 76 (Wis. 2018)

In a negligence case, Quarles & Brady won reversal of an adverse summary judgment decision in the Wisconsin Court of Appeals, then affirmance at the Wisconsin Supreme Court, ensuring the terms of its client’s contract were appropriately honored and protecting the client from approximately $900,000 in liability in connection with property damage caused by a fire.

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Horizon Bank, Nat’l Ass’n v. Marshalls Point Retreat, L.L.C.
380 Wis. 2d 60, 908 N.W.2d 797 (Wis. 2018)

In connection with a foreclosure action on one of the most valuable single-family residential properties in Wisconsin, Quarles & Brady successfully petitioned the Supreme Court of Wisconsin to vacate and remand an instruction from the Court of Appeals limiting the amount their client, the guarantor of the mortgage, could be credited to the sheriff’s sale price of the property. In winning a decision to vacate and remand that limitation, Quarles & Brady protected its client from an astronomical payment not reflective of the property’s substantial fair market value.

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Andra R. Miller Designs, L.L.C. v. U.S. Bank N.A.
244 Ariz. 265, 418 P.3d 1038 (Ariz. Ct. App. 2018)

By winning a reversal of summary judgment in a purchaser’s favor at the Court of Appeals of Arizona, Quarles & Brady protected its client, a bank mortgagor, from a loss of $1.94 million based on a procedural technicality in connection with the bank’s previous acceleration of a debt.

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Schmidt v. Ind. Dep’t of State Revenue
81 N.E.3d 705 (Ind. T.C. 2017)

In the Tax Court of Indiana, Quarles & Brady won a reversal of the Department of State Revenue’s inaccurate tax assessments in connection with an employee stock award, obtaining for its client both a refund of amounts the Department had erroneously withdrawn from the award and protection from further taxes and penalties assessed on the basis of minimal work the taxpayer had done in the state.

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Hansen v. Tex. Roadhouse, Inc.
345 Wis. 2d 669, 827 N.W.2d 99 (Wis. Ct. App. 2012)

Quarles & Brady successfully challenged a jury verdict against its restaurant client, including $100,000 in punitive damages, in connection with the bad faith actions of an employee who intentionally contaminated a customer’s steak. At the Court of Appeals, Quarles & Brady successfully argued that the jury’s findings of no liability for negligent hiring and supervision, which the Court of Appeals affirmed, precluded the possibility of the punitive and compensatory damages awarded by the trial court.

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McKesson Corp. v. Ariz. Health Care Cost Containment Sys.
230 Ariz. 440, 286 P.3d 784 (Ariz. Ct. App. 2012)

Quarles & Brady protected its client, a wholesaler of prescription drugs, from more than $212 million in penalties and assessments issued by the Arizona Health Care Cost Containment System in excess of its authority. After winning declaratory and injunctive relief against the AHCCCS’s action in the lower court, Quarles & Brady successfully defended both orders in the Court of Appeals of Arizona.

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Atreus Communities Grp. of Ariz. v. Stardust Dev., Inc.
229 Ariz. 503, 277 P.3d 208 (Ariz. Ct. App. 2012)

Quarles & Brady won an affirmance on a matter of first impression before the Court of Appeals of Arizona, which held that an arbitrator had authority to grant summary judgment, thus protecting an award in favor of Quarles & Brady’s client, a developer who had been sued for breach of contract and fraudulent concealment in connection with a contract dispute.

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Aguilar v. Husco Int’l, Inc.
361 Wis. 2d 597, 863 N.W.2d 556 (Wis. 2015)

After the Department of Workforce Development decided not to collect back wages from an employer in connection with union-approved unpaid meal breaks found to be in violation of a Wisconsin state regulation, Quarles & Brady successfully defended the Department’s decision, petitioning the Supreme Court for review and winning a reversal along with an instruction to enter summary judgment in the employer’s favor.

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