David P. Muth, Partner


David Muth is the past chair of the firm's Real Estate and Construction Litigation Group. He has substantial experience in lender workout claims; real estate disputes, construction defect claims, and insurance coverage litigation. His recent experience includes:

  • Assisting in claims against the Wisconsin Department of Transportation relating to improvements to a county highway, including installation of a 68-inch by 106-inch horizontal elliptical pipe for approximately 3,300 feet underneath the road. The claims involved, inter alia, differing site conditions.
  • Assisting various national lending institutions in obtaining the appointment of a receiver and assignment of rents while ultimately obtaining title for the lender of its collateral in a multimillion-dollar commercial dispute.
  • Assisting a manufacturing company in a lease dispute to obtain judicial declaration of its rights to enforce an option to purchase.
  • Assisting various national lending institutions in resolving a condemnation dispute of their collateral.
  • Representing automotive company in a commercial lease dispute where government ordered client's leasehold razed due to landlord's failure to maintain property.
  • Representation of a client involving insurance and scope of repair issues for a defective concrete floor of an approximately 200,000-square-foot warehouse structure.
  • Assisting contractors, owners, and developers in resolving construction liens and theft-by-contractor claims.
  • Representation of client through jury trial involving professional negligence claims on the sale of purchase of a daycare center.
  • Representation of a client involving employee misconduct/misrepresentation claims involving more than 10 consolidated appeals on the issue and scope of applicable insurance.

Legal Services

Education and Honors

  • University of Wisconsin Law School (J.D., cum laude, 1996)
    • Order of the Coif
    • Phi Alpha Delta (Justice)
    • Wisconsin Environmental Law Journal (Articles Editor)
  • Marquette University (B.A., cum laude, 1993)

Bar Admissions

  • Wisconsin

Court Admissions

  • U.S. District Court, Eastern District of Wisconsin, 1996
  • U.S. District Court, Western District of Wisconsin, 1996
  • U.S. Court of Appeals, 7th Circuit, 1996

Professional and Civic Activities

  • State Bar of Wisconsin (Member)
  • American Bar Association (Member)
  • Milwaukee Bar Association (Member)
  • Milwaukee Office Pro Bono Committee (Co-chair, 2020)
  • Waukesha Bar Association (Member)
    • President (2020)
    • President-elect (2019)
    • Board of Directors (2017-present)
  • United Way Emerging Leaders Council (2006–2014; Co-chair, 2009–2012)
  • United Way Leadership Division Co-Chair (2015-2019)
  • Big Brothers Big Sisters of Metro Milwaukee (2010–2017; Secretary, 2013–2017)

Professional Recognition

  • Selected as one of Milwaukee's Top Lawyers by MKE Lifestyle Magazine (2019, 2020)
  • Listed in The Best Lawyers in America® (2019-present: Commercial Litigation, 2021, 2022: Litigation - Banking and Finance)
  • Selected for inclusion in Wisconsin Super Lawyers®–Rising Stars (Business Litigation)
  • Recognized as Best Lawyers® 2023 Milwaukee Litigation - Banking and Finance "Lawyer of the Year"
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