Joshua Maggard is a trial and appellate litigator, and serves as the National Vice-Chair of Quarles & Brady’s Commercial Litigation and Dispute Resolution Practice Group. Josh's national commercial litigation practice focuses on class action defense of consumer protection, warranty, and RICO claims, primarily within the manufacturing and sales industries; and professional liability defense of tort, contract, and malpractice claims within the insurance broker, actuarial, and legal industries. These matters typically involve complex financial issues, and require an intricate knowledge of his clients’ business operations and exposures. As Co-Chair of the firm's Class Action and Complex Litigation team, and past Chair of the Professional Liability Defense team, Josh was instrumental in developing best practices and client matter management tools for the practice group, and regularly counsels his clients on avoiding and efficiently resolving litigation. Josh’s most recent litigation and appellate experience includes:
Recent Commercial Litigation Matters:
- Defending international brewer in breach of contract action in Wisconsin state court. After nine-day jury trial, the parties resolved all claims amicably.
- Representing website in tort action involving application of Communications Decency Act in Wisconsin state court. Obtained dismissal at Trial Court level, and after reversal by Court of Appeals, case is pending before Wisconsin Supreme Court.
Class Action Defense:
- Obtaining dismissal of RICO claims in a $300 million proposed nationwide consumer class action against a multi-level marketing company, and resolving remaining claims on a class-wide basis for transactional costs in Nevada federal court.
- Resolving a proposed statewide consumer class action against a marketing company in a suit alleging consumer practice violations for nuisance value in Wisconsin state court.
- Defeating a motion for nationwide class certification in the proposed consumer class action alleging breach of warranty and consumer protection violations against lighting manufacturer in Wisconsin federal court.
- Defeating the proposed nationwide class allegations of consumer protection violations and warranty claims against a vehicle manufacturer in Ohio federal court.
- Obtaining withdrawal of all class allegations in the proposed nationwide consumer class action alleging consumer protection violations against a hardware manufacturer in New Jersey state court.
- Defeating a motion for nationwide class certification alleging breach of fiduciary duty and tort claims against a mutual life insurance company in Florida federal court.
- Successfully striking nationwide class claims alleging breach of fiduciary duty and tort claims against a mutual life insurance company in California state court.
Professional Liability Defense:
- Representing a leading insurance brokerage firm in a professional liability lawsuits in state and federal courts across the country, which involve nuanced insurance issues including Defense Base Act coverage and Contingent Time Element Coverage extensions.
- Representing individual lawyers and law firms in professional liability cases in Wisconsin state courts.
- Resolving professional liability claims seeking $33 million against an insurance broker in Florida federal and state courts, after successful motion practice limiting exposure, for $25,000.
- Obtaining summary judgment in a $100 million professional liability case against an insurance broker in New Jersey state court, and then successfully defending the result before New Jersey appellate and supreme courts.
- Obtaining partial summary judgment and negotiating settlement for transactional costs in a $25 million professional liability case against an insurance broker in Florida state court.
- Obtaining dismissal with prejudice of a professional liability case brought against an airline for allegedly improper removal of passenger in Wisconsin federal court.
- Professional Liability
- Class Action Defense
- ERISA Litigation
- Litigation & Dispute Resolution
- Financial Institutions Litigation
Education and Honors
- Ohio State University–Moritz College of Law (J.D., cum laude, 2006)
- Law Review (Managing Board, 2005–2006; Staff Member, 2004–2005)
- Taylor University (B.A., 2001)
- U.S. District Court, Eastern District of Michigan, 2017
- U.S. District Court, Western District of Wisconsin, 2012
- U.S. Court of Appeals, 7th Circuit, 2007
- U.S. District Court, Eastern District of Wisconsin, 2006
Professional and Civic Activities
- National Vice-Chair, Quarles Commercial Litigation & Dispute Resolution Group
- National Co-Chair, Quarles Class Action and Complex Litigation team
- Past National Chair, Quarles Professional Liability team
- Past Membership Co-Chair, Professional Liability Litigation Committee, American Bar Association
- National Institute for Trial Advocacy, Advocate Designation
- National Chair, Quarles Client Matter Management committee