Matthew R. McClean Publications
Wisconsin Supreme Court Rules Against Insurance Coverage for COVID-19 Losses
On June 1, 2022 the Wisconsin Supreme Court unanimously found that the Plaintiffs – a group of bars and restaurants led by named Plaintiff Colectivo Coffee – did not have insurance coverage for the financial losses they suffered from the COVID-19 shutdown. This is the first ruling on COVID coverage by our Supreme Court.
Proceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors
By: Matthew R. McClean
Attorney McClean Authors Blog Post for State Bar of Wisconsin
By Matthew R. McClean
Take Heed Before Launching New Products and Processes – Supreme Court to Review Enhanced Patent Infringement Damages Standard
The Supreme Court announced that it accepted Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 and Stryker Corp. v. Zimmer, Inc., No. 14-1520, two cases that could lower the bar for awarding enhanced damages to patent owners upon a finding of infringement. Either way, the court’s decision will have a significant impact in determining...
Don’t Overlook the Basics — Minimizing Litigation Risk in Commercial Deals
Business relationships are driven by a business’s agreements, both with customers and with suppliers. Over the years, I have come to recognize issues that arise again and again that, if addressed at the outset, would have saved businesses from the headaches, stress, and expense of a lawsuit later on. While you can never totally eliminate...
Shifting Sands: Uncertainty Emerges for Businesses Expecting Insurance Companies to Defend Their Coverage
In the wake of recent pro-insurance company rulings in Wisconsin courts, businesses and their owners will need to proceed with extra caution when asking their insurance company to defend lawsuits that may arise from their business dealings. While many suits are typically covered under a policy, all too often an insurance company disputes coverage, which...
Federal Circuit Reverses $368 Million Damages Award
The Court of Appeals for the Federal Circuit, in VIRNETX, Inc. v. Cisco Sys. Inc, recently reversed a $368 million dollar patent infringement verdict because the plaintiff calculated its damages as a portion of the entire market value of the product as opposed to apportioning its damages to the infringing software component of the product.