Trial-tested class action and liability defense
Joshua Maggard is a trial and appellate litigator who works with clients nationwide. Instrumental in developing best practices and matter management tools used by lawyers throughout Quarles, Josh is committed to delivering both results and value as he advises on:
- Class action defense of consumer protection, warranty, antitrust and RICO claims, primarily within the manufacturing and services industries
- Professional liability defense of tort, contract and malpractice claims within the insurance broker, actuarial, accounting and legal industries
- Commercial disputes
Although he has extensive experience defending clients in trial and appellate courts throughout the United States, Josh regularly counsels his clients on best practices for avoiding and efficiently resolving litigation. Josh is national chair of the firm’s Commercial Litigation and Dispute Resolution Practice Group, past chair of the firm's Class Action and Complex Litigation Team and past chair of the Professional Liability Defense Team.
Experience in Action
- Defeating and/or resolving nationwide putative class actions in federal and state courts throughout the country.
- Providing counsel in professional liability cases to insurance brokerages, actuarial firms, law firms and airlines in state and federal courts throughout the country.
- Defending and representing companies in breach of contract and tort actions throughout the country.
- Defended international brewer in breach of contract action in Wisconsin state court. After nine-day jury trial, the parties resolved all claims amicably.
- Represented 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, obtained 5-1 decision by Wisconsin Supreme Court.
Class Action Defense
- Obtained dismissal of RICO claims in a $300 million proposed nationwide consumer class action against a multi-level marketing company, and resolved remaining claims on a class-wide basis for transactional costs in Nevada federal court.
- Defeated a motion for nationwide class certification in proposed consumer class action alleging breach of warranty and consumer protection violations against lighting manufacturer in Wisconsin federal court.
- Successfully struck nationwide class claims alleging breach of fiduciary duty and tort claims against a mutual life insurance company in California state court.
Professional Liability Defense
- Represented a leading insurance brokerage firm in professional liability lawsuits in state and federal courts across the country, which involved nuanced insurance issues, including Defense Base Act coverage and Contingent Time Element Coverage extensions.
- Obtained summary judgment in a $100 million professional liability case against an insurance broker in New Jersey state court, and then successfully defended the result before New Jersey appellate and supreme courts.
- American Bar Foundation, Fellow
- Classified as a Wisconsin Litigation Star in Appellate, General Commercial and Insurance Litigation by Benchmark Litigation
- Earned the Advocate Designation through the National Institute for Trial Advocacy.
Professional & Civic Activities
- National Vice-Chair, Quarles & Brady Commercial Litigation & Dispute Resolution
- National Co-Chair, Quarles Class Action and Complex Litigation
- Eastern District of Wisconsin Bar Association: Board Member
- National Institute for Trial Advocacy: Advocate Designation
- Fellow, American Bar Foundation
- National Chair (former), Quarles Client Matter Management committee
- National Chair (former), Quarles Professional Liability
- Membership Co-Chair (former), American Bar Association Professional Liability Litigation Committee
News & Insights
- News Release
- Article50-State Survey of Accounting and Auditing Liability Issues - AlaskaAmerican Bar Association, Professional Liability Litigation
- Article50-State Survey of Accounting and Auditing Liability Issues - NevadaAmerican Bar Association, Professional Liability Litigation
- PresentationTeaching Your Team How Attorney-Client Privilege Works and Why They Should CareWaukesha County Bar Association Annual Legal Ethics Seminar
- PresentationTeaching Corporate Employees How Attorney-Client Privilege Works (and Doesn't Work), and Why They Should CareQuarles & Brady Annual Legal Ethics Seminar
- ArticleControlling Your Client’s Discovery Costs with ProportionalityAmerican Bar Association, Professional Liability Litigation
- ArticleEngage(ment letters) with Your ClientsAmerican Bar Association, Professional Liability Litigation
- News Release
- ArticleFL Jury Rejects Allegations of “Special Relationship” With Insurance BrokerAmerican Bar Association, Professional Services Liability
- ArticleNY Courts Clarify Continuous Representation in Legal Malpractice ActionsAmerican Bar Association, Professional Services Liability
- News Release
- ArticleDrafting an Enforceable Limitation-of-Liability ProvisionAmerican Bar Association, Professional Liability Litigation
- 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