Contact Information:
Phone: 608.283.6752
Email: llubinsky@axley.com

Legal Assistant: Kathy Butts
Phone: 608.283.6790
Email: kbutts@axley.com

Lori Lubinsky is a partner at Axley Law Firm. She is a member of both the Litigation and Labor and Employment Practice Groups. Ms. Lubinsky's practice includes civil litigation, insurance defense, professional malpractice, shareholder disputes, commercial litigation, construction litigation, personal injury and employment law. She also represents municipal corporations and school districts on a variety of legal issues including discrimination, harassment, retaliation, constitutional/civil rights law, contract issues, special education matters and student discipline.

Ms. Lubinsky's practice includes active litigation in administrative tribunals, state court and federal court. She regularly serves as local counsel for out of state law firms in state and federal court. She also advises clients on compliance with a variety of laws including federal and state employment laws, and open records and open meetings laws.

Ms. Lubinsky is an adjunct professor at the University of Wisconsin Law School teaching Pre-trial Advocacy. She also speaks before a variety of professional and business organizations on litigation and employment issues.

Ms. Lubinsky is admitted to practice in the state courts of Wisconsin, the United States Supreme Court, the United States Court of Appeals for the Seventh Circuit and the United States District Courts for the Eastern and Western Districts of Wisconsin. Ms. Lubinsky received her law degree from the University of Wisconsin Law School where she served as vice president of Moot Court.

She has significant appellate experience, having argued four times before both the Wisconsin Supreme Court and the Seventh Circuit and having acted as lead counsel in over twenty-five state and federal appeals.

Significant Representations:

• Prevailed on plaintiff's motion for temporary injunction and obtained summary judgment in First Amendment challenge to school district holding high school graduation in a church. See 2010 WL 2545716 (E.D. Wis.); 658 F. 3d. 710 (7th Cir. 2011)
• Obtained summary judgment in First Amendment retaliation case where federal court dismissed a teacher's First Amendment retaliation claims where teacher alleged that he was fired for his union activities rather than viewing pornography at work. See 2010 WL 2605385 (E.D. Wis.); 639 F.3d. 371 (7th Cir. 2011)
• Obtained summary judgment in favor of school district where federal court dismissed an administrator's due process liberty and property claims, along with related state claims for breach of contract, promissory estoppel and defamation, all of which related to the administrator's actions in seeking to obtain his early retirement benefits before he actually retired. The court also issued the first published decision addressing the validity of multiple administrator contracts under Wis. Stat. §118.24. See 2010 WL 2757336 (W.D. Wis.) and 2010 WL 2517564 (W.D. Wis.)
• Obtained summary judgment in favor of corporation where federal court dismissed a former member's claims involving a dissolved LLC, including claims for breach of contract, breach of fiduciary duty, various statutory violations, as well as a request for an accounting. See 2010 WL 2739832 (W.D. Wis.)
• Obtained summary judgment in favor of hospital who was sued by former student relating to his termination from masters program over alleged violations of student handbook
• Obtained favorable jury verdict in adverse possession case in favor of landowner
• Obtained favorable verdict after court trial in Federal False Claims case where employee alleged he was terminated for complaining about the submission of claims to the federal government. See 2008 WL 4449941 (W.D. Wis.) and 246 F.R.D. 577 (W.D. Wis. 2007) (e-discovery decision)
• Obtained jury verdict in favor of sellers of home sued for misrepresentations and breach of contract relating to disclosures in sellers' real estate condition report
• Prevailed at administrative hearing relating to developer's request for approval from DNR for relocation of road providing access to waterway, which was affirmed in appeal at Citizens for U v. DNR, 2010 WI App 21
• Obtained summary judgment for school district relating to parents' request for reimbursement of private school tuition payments for disabled student, which was affirmed on appeal at Hjortness v. Neenah Joint School Dist., 508 F.3d. 851 (7th Cir. 2007)
• Prevailed in open records lawsuit on behalf of authority sued for release of records relating to authority's investigation into employee's alleged actions, which was affirmed on appeal at Seifert v. Sheboygan Falls School Dist., 2007 WI App 207, 740 N.W.2d 177
• Represented authority in open meetings lawsuit involving specificity of notice required under open meetings law, which case was decided by the Wisconsin Supreme Court at State ex. rel. Buswell v. Tomah Area School Dist., 2007 WI 71, 732 N.W.2d 804
• Obtained jury verdict in favor of law firm and two attorneys who were sued for malpractice involving family law matter
• Prevailed at court trial on misrepresentation claims involving a failed attempt to purchase commercial property
• Prevailed on employer's request for injunction to attempt to enforce non-compete agreement
• Prevailed on attempt by objectors of development to prevent/delay development by use of direct legislation statute
• Obtained summary judgment in state court on claims against teacher for alleged battery in the classroom and against school district for alleged failure to supervise teacher, which was affirmed on appeal. Loy v. Dodgeville Sch. Dist., 2004 WL 2109976
• Obtained summary judgment in federal court on behalf of municipality of employee's claim for failure to accommodate an alleged disability after arbitrator reinstated employee following termination, which was affirmed on appeal at Peters v. City of Mauston, 311 F.3d 835 (7th Cir. 2002)
• Obtained summary judgment in federal court on behalf of school district on employee's claims for failure to accommodate her alleged disability and constructive discharge, which was affirmed on appeal at Cigan v. Chippewa Falls Sch. Dist., 388 F.3d 331 (7th Cir. 2004)
• Obtained substantial personal injury settlement involving employee injured after falling through outdoor staircase
• Recovered attorney's fees on behalf of client in Dane County court for having to defend lawsuit that was frivolously filed
• Obtained summary judgment in federal court, which was affirmed on appeal at Champlin v. Wonewoc-Center Sch. Dist., 2003 WL 2150938, on behalf of school district of former employee's claim for failure to accommodate an alleged disability, while also obtaining no probable cause finding after hearing before Equal Rights Division on retaliation claim brought by same employee

• Member, American Bar Association
• Member, Hiring Committee, Axley Brynelson, LLP
  
• Member, Wisconsin Defense Counsel
• Member, Dane County Bar Association
• Member, State Bar of Wisconsin
• Member, Wisconsin School Attorneys Association
• Member, Wisconsin School Board Association
• Named by the Wisconsin Law Journal as one of 2009's top women in the Wisconsin legal profession
• Named a top education law lawyer in The Best Lawyers in America
• Named 2007 and 2010 Rising Star by Wisconsin Super Lawyers and Rising Stars magazine
• BV Rated by Martindale-Hubbell Peer Review Ratings
• Organizes the Dane County regional Mock Trial Tournament for the State Bar of Wisconsin

• Author, "Wisconsin Likely to Allow Schools and Prisons to Bar Employment of Felons." Wisconsin Employment Law Letter. June 2011.
• Author, "Employers Were Not 'Regarded As' Disabled Where Employer Concluded that Restrictions Prevented Employees From Performing Job."Wisconsin Employment Law Letter. June 2004.
• Author, "Employer Loses Conditional Privilege for Employment Records Due to Bad Motives." Wisconsin Employment Law Letter. Nov. 2003.
• Author, "Employer Avoids Wage Claim Penalty by Payment of Wages Before Lawsuit Was Commenced." Wisconsin Employment Law Letter. Jan. 2003.

• Wisconsin Likely to Allow Schools and Prisons to Bar Employment of Felons (6/29/2011)
• Discrimination Based on Arrest/Conviction Record (10/5/2010)
• Public Policy Precludes Corporate Liability for Employee's Improper Use of Employer's Computer (11/19/2008)
• The False Claims Act: Protecting the Public From False Submissions for Claims to the Federal Government (6/1/2008)
• Consistently Poor Evaluations Result in Dismissal of Race, Retaliation Claims (10/1/2007)
• Court of Appeals Narrows Open Meetings Law Exception (3/1/2007)