About David

Highly responsive and hard-working real estate and construction litigation counsel

David Muth is an experienced litigator and trial lawyer who represents clients in state and federal courts in Wisconsin. Representing businesses in the financial services, real estate, construction and other industries in both trial and appellate courts, David focuses on resolving disputes involving:

  • Creditors rights
  • Real estate and construction

Known by clients for his responsiveness and being available when they need him, David works proactively to keep them apprised of developments in current and risks and opportunities on the horizon. A trusted advisor and gifted trial advocate, when David negotiates on behalf of a client, he brings a readiness to go to court that encourages favorable settlements.

David is a past chair of the firm's Real Estate and Construction Litigation Group.

Experience in Action

  • Litigating lender workout claims, including assisting lenders in obtaining a receiver while ongoing disputes are litigated.
  • Litigating real estate disputes and construction defect claims, including lease, condemnations and professional negligence disputes.
  • Advising contractors, owners and developers on resolving construction liens and theft-by-contractor claims.

Successes

  • Assisted with 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 included differing site conditions.
  • Assisted 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.
  • Assisted a manufacturing company in a lease dispute to obtain judicial declaration of its rights to enforce an option to purchase.
  • Assisted various national lending institutions in resolving a condemnation dispute of their collateral.
  • Represented automotive company in a commercial lease dispute where government ordered client's leasehold razed due to landlord's failure to maintain property.
  • Represented a client in a case involving insurance and scope of repair issues for a defective concrete floor of an approximately 200,000-square-foot warehouse structure.
  • Represented a client through jury trial involving professional negligence claims on the sale of a daycare center.
  • Represented a client involving employee misconduct and misrepresentation claims involving more than 10 consolidated appeals on the issue and scope of applicable insurance.

Professional Recognitions

  • 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"

Professional & 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)
    • Bench and Bar Committee (2022-present) 
    • 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)

News & Insights

Education

Bar Admissions

Court Admissions

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