Davis & Kuelthau | Attorneys at Law

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Litigation

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Our litigators have handled cases in state and federal courts, in administrative agency proceedings, municipal hearings, arbitrations, and mediations. We also advise clients how to avoid litigation, and have drafted documents needed to settle disputes during or before litigation. We are hired to mediate or arbitrate disputes, especially in commercial, construction and environmental matters, and are hired to serve as expert witnesses. Our former prosecutors represent clients in white collar crime cases.

To meet our clients’ needs, our attorneys and paralegals use state-of-the-art litigation support and trial presentation technologies to manage electronic discovery and the organization and trial of complex cases. We also offer pre-litigation expertise on the electronic records management, document retention policies, and implementation of litigation hold policies that allow us to advise our clients on current best practices in the maintenance, archiving, and preservation of electronically stored information. We have the capability and experience to manage large databases hosted either in-house or out-house working with a web-enabled ASP provider. We have represented clients in disputes in the following areas:

 

  • Admiralty  
  • Anti-Trust
  • Aviation
  • Banking    
  • Broker Dealer
  • Commercial & Contract
  • Complex Litigation
  • Construction
  • Consumer Protection
  • Creditors' Rights
  • Electronic Discovery
  • ERISA
  • Employment    
  • Environmental
  • Fair Dealership
  • Federal False Claims Act
  • Franchise
  • Fraud
  • Gaming    
  • Government Contract
  • Health
  • HUD
  • Immigration
  • Insurance Coverage
  • Intellectual Property
  • Labor
  • Land Use
  • Medicare
  • Medicaid
  • Municipal
  • Nursing Home
  • Personal Injury
  • Product Liability
  • Professional Discipline
  • Professional License
  • Real Estate
  • School
  • Securities
  • State
  • White Collar Crime
  • Zoning
 

For more information on our litigation practice, please contact Kathy Nusslock at 414.225.1477 or knuslock@dkattorneys.com.

 

 

 

 

Attorneys' Notable Representations

  • Lyons

    Kevin J. Lyons

    Recently, Kevin has represented Milwaukee Metropolitan Sewerage District at trial, and continues his representation on appeal and a state court dispute with Bostco LLC over whether Milwaukee’s sewerage damaged the Boston Store building in downtown Milwaukee.

  • JAEKELS

    Christopher J. Jaekels

    Chris represented the Indian Community School of Milwaukee on all aspects of its governmental approvals and real estate matters involving neighboring properties as well as on certain aspects of construction contracting for the development of a 200 plus acre campus with a total project value of nearly $40 million.

  • Trotier

    Geoffrey S. Trotier

    In 2006, Geoff successfully represented a multi-state telecommunications corporation against an employee claiming disability discrimination. With his representation, the employer defeated these claims, avoiding liability and damages.

  • Gatewood

    Heather K. Gatewood

    Heather recently defended a lawsuit filed in Kansas federal court against her client by a large national railroad.  The client sustained nearly $1 million in damages after a freight train derailed and crashed into the client's plant, but the railroad claimed the client caused the derailment and sought millions in damages.  Heather helped to successfully settle the case through extensive negotiations with the client's insurer and the opposing parties.

  • Culhane

    James Culhane

    Jim represented a real estate services company that was sued by an officer of a large theatre venue claiming all sorts of wrongdoing. There was significant publicity surrounding the case. Jim asked the insurer of the real estate services company to defend against the claim, but the insurer refused. However, he successfully defended the company in the underlying case and then sued the insurer for breaching its duty to defend. He won the coverage issues at the trial court level, at the Court of Appeals level and also at the Wisconsin Supreme Court level, and was able to force the insurer to not only reimburse the company for the attorney fees it incurred in defending the underlying case, but also the attorney fees it incurred in prosecuting the insurance coverage claim. The victory changed Wisconsin law by requiring insurance companies to bear the burden when they fail to clearly communicate with their insureds. The case also set a new rule as to what constitutes a “tender of defense,”making it much easier for insureds to require their insurance company to cover the claim.

  • Braza

    James E. Braza

    Jim represented the public owner of a major league baseball stadium in a circuit court lawsuit involving over $100,000,000 of damages claimed by a retractable roof contractor. After obtaining partial summary judgment, dismissing substantial portions of the contractor’s claims, he negotiated a settlement resulting in payments of more than $30 million to owner.

  • Nusslock

    Kathy Nusslock

    She frequently represents individual and corporate personal representatives and trustees in litigation over a decedent's distribution elections.  

     


  • Lyons

    Kevin J. Lyons

    In the area of building defects, Kevin now represents a public institution and individuals in building defect cases.

  • Yokom

    Mark F. Yokom

    In the last several years, Mark has successfully defended clients in court. For example, he obtained a default judgment for his client in a complex, multi-party product liability action and leveraged that result to recoup significant litigation expenses for the client.

  • Mcclean

    Matthew McClean

    Matt assisted in the representation of the Village of Elm Grove against a tunneling contractor whose excessive delays, faulty construction and improper change orders caused monetary damage. After a seven day trial, the village prevailed on its claims and defeated the multi-million dollar change order demand.

  • Scott

    Michael K. Scott

    In 2007, Michael completed handling of a commercial vehicle accident which occurred at night in a construction zone and involved complex accident reconstruction, night time visibility and traffic engineering issues.

  • Mathison

    Tara M. Mathison

    When a client was sued by a large national railroad for millions of dollars, Tara defended the contentious litigation. She negotiated a settlement involving the client's insurer on terms favorable to the client.

  • Schober

    Thomas L. Schober

    Tom recently completed a dealership dispute involving the rights of competing auto dealers in Sheboygan.  He has also represented employers against sexual harassment and other discrimination claims.

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