Ryan M. Wiesner

Associate

Ryan M. Wiesner

Location: Milwaukee

T: 414.225.1443

F: 414.278.3643

rwiesner@dkattorneys.com

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Assistant: Paula Lee

T: 414.225.7521

Recognitions

  • Best Lawyers® Ones to Watch - Commercial Litigation (2021)
  • Wisconsin Super Lawyer, Super Lawyers Magazine, Rising Star (2017-2020)

Education

  • J.D., cum laude, Marquette University Law School
  • B.S., magna cum laude, University of Wisconsin – Whitewater, Sociology/Criminal Justice

Biography

Ryan is a member of Davis|Kuelthau’s Litigation Team where he has established a reputation for obtaining great results for the firm’s clients. He is regularly recruited to assist in handling high-exposure and complex disputes, due to his pragmatic approach, ability to simplify complex issues, and develop case theories that put his clients in the best position to win.

Ryan is seen as a leader in the Wisconsin legal industry, currently serving as a Board Member for the Wisconsin Legal Aid Society and regularly contributing legal insights to the Wisconsin Law Journal and Wisconsin Civil Trial Journal. His colleagues have recognized him as a Super Lawyers Rising Star, in his field.

Areas of Focus:

  • Intellectual Property Litigation: Ryan represents individuals and entities in disputes involving infringement of copyrights, trademarks, trade secrets, and patents. His experience includes preparing appellate briefs before federal circuit courts, prosecuting and defending infringement actions in jurisdictions nationwide, and preparing filings before the USPTO and TTAB.
  • Commercial and Business Litigation: Ryan is oftentimes tasked with representing the firm’s business clients in cases involving commercial disputes and business torts. He has prosecuted and defended actions in state and federal court concerning breach of contract and UCC claims, shareholder and partnership disputes, securities violations, and M&A disputes. Ryan has a unique ability to cut through the litigation red tape and obtain great results for his clients.
  • Professional and Governmental Liability, and Civil Rights Disputes: Ryan has extensive experience defending governmental entities and employees, and medical professionals in state and federal courts, concerning claims of professional misconduct and civil rights violations. He has obtained dismissal in high-profile lawsuits involving the constitutionality of Wisconsin child protective services laws and defending several counties against claims for wrongful death.
  • Product Liability Litigation: Ryan has defended product manufacturers in state and federal courts, and multidistrict litigation, nationwide. He has handled defective product and warning claims for chemical companies, medical device manufacturers, and propane and gas installers. This experience includes his part as a member of a defense team tasked with defending a fertilizer company in a several hundred million dollar lawsuit arising from an ammonium nitrate explosion in Texas.

Notable Representations

Heartland Business Systems, Inc. v. Timm, 17-CV-1301 (E.D. Wis).: Represented software company in copyright infringement and breach of non-competition agreement action against former employee.

Walby v. BuySeasons, Inc., 17-CV-896 (E.D. Wis.).: Represented software developer in copyright infringement action.

Dart v. Meriter Hospital, Inc., Dane County Case No. 16-CV-1402.: Obtained summary judgment for OB/GYN client, by way of Daubert motion striking plaintiffs’ expert opinions as unreliable.

Estate of Collins v. Lamers, M.D., Winnebago County Case No. 15-CV-1152. : Obtained dismissal of cardiologist in medical negligence, wrongful death action.

Loertscher v. Anderson, 2017 WL 1613654 (W.D. Wis. April, 28, 2017).: Obtained summary judgment for county in case challenging Wisconsin’s “cocaine mom” law.

Loertscher v. Anderson, 2016 WL 3166599 (W.D. Wis. June 6, 2016). : Obtained dismissal on Rule 12(b)(6) motion based on qualified and absolute immunity for social workers’ involvement in unborn child abuse investigation.

Decook v. Olmsted Medical Center, Inc., et al., 874 N.W.2d 263 (Minn. 2016).: Briefed issue of first impression before Minnesota Supreme Court concerning service of process under Minnesota Rules of Civil Procedure.

Gawronski v. Nelson, et al.,Sauk County Case No. 13-CV-240.: Part of team that obtained defense verdict for emergency physician in professional negligence case involving catastrophic brain damaged child.

Estate of Gaigg v. Huth, et al., Outagamie County Case No. 15-CV-104.: Obtained summary judgment dismissing breach of confidentiality and HIPAA-based claims against large Wisconsin health care organization.

Marrs v. ThedaCare, Inc., et al., Outagamie County Case No. 14-CV-719.: Obtained summary judgment dismissing HIPAA-based claims against health care organization.

Hoyt v. Gilden, 2017 WL 90389 (W.D. Wis. Jan. 10, 2017). : Summary judgment in § 1983 civil rights litigation.

Lewis v. Davis, M.D., Ozaukee County Case No. 15-CV-12. : Part of team that obtained defense verdict for physician for claims based on negligently provided laser care treatment.

McGinnis v. Evans, 2016 WL 4544525 (E.D. Wis. Aug. 31, 2016). : Summary judgment for emergency room physician sued for civil rights violation.

Mitchell v. Richter, et al., 2017 WL 752162 (E.D. Wis. Feb. 27, 2017).: Obtained summary judgment for several nurses on prisoner’s § 1983 civil rights claims.

Regas v. Kumar, M.D., Milw. County Case No. 16-SC-3926. : Summary judgment for internal medicine physician in Chapter 655 negligence action.

Thompson v. Christenson, et al., 2016 WL 5939736 (W.D. Wis. Oct. 12, 2016).: Summary judgment for nurse in § 1983 civil rights action.

Mecum Auction Inc. v. Flynn, Walworth County Case No. 14-CV-125.: Second chair at trial that resulted in defense verdict for client based on affirmative defense of misrepresentation.

Burno v. Meinholz, et al., Dane County Case No. 12-CV-4640. : Second chair at trial that resulted in defense verdict for client on million dollar property dispute.

Welton Enterprises, Inc. v. Cincinnati Ins. Co., 2015 WL 5474667 (W.D. Wis. Sept. 16, 2015).: Defeated summary judgment on bad faith claim arising from multi-million dollar property damage.

Leadership

Professional Activities

Admitted, State Bar of Wisconsin

Admitted, Illinois State Bar Association

Member, Milwaukee Bar Association

Admitted, Seventh Circuit Bar Association

Member, DRI

Member, Eastern District of Wisconsin Bar Association

Community Involvement

Member, National Commission on Correctional Health Care (2018 – present)

Board Member, Legal Aid Society of Milwaukee (2017 – present)

Published Articles / Presentations

High Court Tackles Daubert Standards in 2017’s First Decision, Wisconsin Law Journal, Jan. 16, 2017

Court of Appeals Clarifies Liability Under Patient Confidentiality Laws, Wisconsin Defense Counsel Journal (Winter 2016)

Understanding the CISG’s Interrelationship with the UCC, Wisconsin Defense Counsel Journal (Winter 2015)

Tort Report: Avoiding Spoliation Pitfalls in Trucking Litigation, Wisconsin Law Journal (July 25, 2014)

Duplicate Payments Provisions in UM/UIM Litigation, Wisconsin Defense Counsel Journal (Spring 2014)

Tort Report: IME Recording Requests Cause for Concern, Wisconsin Law Journal (Aug. 1, 2013)

Understanding Common Construction Coverage Concerns, Wisconsin Law Journal: Construction Law 2013

Acuity v. Society: A Missed Opportunity, Wisconsin Defense Counsel Journal (Summer 2013)

Comment, A State-By-State Analysis of Inevitable Disclosure: The Need for Uniformity and a Workable

Standard, 16 MARQ. INTELL. PROP. L. REV. 211 (Winter 2011)