About

Attorney Justin H. Lessner is a partner at Axley and a member of the firm’s Litigation Practice Group. He maintains a broad litigation practice, representing clients in health care liability, eminent domain, construction, and commercial disputes. Attorney Lessner has significant experience handling land use and eminent domain matters for utilities, municipalities, and private clients throughout Wisconsin. He also regularly counsels and represents hospitals, clinics, and other health care providers on regulatory, operational, and litigation-related issues.

Attorney Lessner has litigated matters from inception through trial, arbitration, and appeal in state and federal courts across the country, including in Wisconsin, Illinois, Indiana, Iowa, Ohio, Georgia, and New York. He has first-chaired jury trials in multiple Wisconsin counties and argued appeals before the Seventh Circuit. In addition to trial work, he is experienced in developing and executing successful motion strategy to efficiently resolve disputes.

Drawing on his litigation experience, Attorney Lessner advises clients on risk management, contract development, and dispute avoidance, helping them proactively address potential legal issues before they escalate.

Before joining Axley, Attorney Lessner practiced at a prominent litigation firm in Chicago. He remains licensed in Illinois and continues to represent clients in Illinois-based matters. A Madison native, Attorney Lessner is proud to serve clients throughout Wisconsin while remaining active in the local community. Outside of his practice, Attorney Lessner enjoys spending time with his wife and two daughters, playing hockey and golf, and attending Packers games.

Representative matters include:

  • Represented electrical transmission line utility in multiple eminent domain jury trials.
  • Defended health care provider in high-exposure liability claim at jury trial resulting in defense verdict.
  • Successfully first-chaired jury trial on behalf of large Wisconsin Dells resort in personal injury matter resulting in defense verdict.
  • Obtained summary judgment on behalf of water park operator in Wisconsin Dells in large exposure case based on plaintiff’s failure to obtain expert testimony.

Admitted to practice in the State Courts of Wisconsin and Illinois, Federal Courts for the Eastern and Western Districts of Wisconsin, for the Northern and Southern Districts of Illinois, and for the Northern District of Iowa, United States Appeals Courts for the Sixth and Seventh Circuits, and United States Supreme Court.

Education

J.D., with honors, Chicago-Kent College of Law
B.S., University of Colorado-Boulder

Involvement & Recognition

Involvement:

  • Member, Madison Area Builders Association
  • Member, Wisconsin State Bar Lawyer Referral & Information Service Committee

Recognition:

  • Named to the 2016, 2018, and 2019 Wisconsin Rising Stars lists as Top Rated Business Litigation Attorney
  • Named to the 2013 and 2014 Illinois Rising Stars lists

Client Successes

Obtained summary judgment in state court on behalf of employer stemming from former employee’s theft of company property.

Lessner, Justin H.
Labor & Employment, Litigation

Representing electrical transmission line company in condemnation proceeding and related litigation for the construction of a 180 mile transmission line from Middleton to La Crosse, Wisconsin.

Lessner, Justin H.

Obtained summary judgment in significant personal injury claims for several water and amusement parks in Wisconsin Dells, Wisconsin.

Lessner, Justin H.

Represented landowner and related trusts in obtaining total dismissal of Fortune 500 mining company’s lawsuit in Illinois alleging fraud and breach of stock purchase agreement seeking over $10 million in damages.

Lessner, Justin H.

Obtained defense verdict in favor of family practice doctor for failure to timely diagnose breast cancer.

Lessner, Justin H.

Obtained six-figure jury verdict in favor of real estate broker based on seller’s breach of listing contract.  Verdict affirmed on appeal- 2015AP2627.

Lessner, Justin H.

Obtained dismissal of insurer in federal court coverage action involving noise induced hearing loss based on res judicata. Court previously denied motion to dismiss but overturned its prior ruling on a motion to reconsider and entered judgment in favor of insurer.

Lessner, Justin H.
Insurance Defense, Litigation

Obtained dismissal of foreign manufacturer of exercise equipment in product liability lawsuit based on lack of personal jurisdiction.

Lessner, Justin H.

Obtained summary judgment on behalf of a construction company in lawsuit alleging fraudulent conduct and intentional infliction of emotional distress.

Lessner, Justin H.
Commercial Litigation, Litigation

Obtained summary judgment on behalf of insurer in Wisconsin bad faith action arising out of the homeowner’s misrepresentations concerning sale of a multi-million dollar property.  Dismissal affirmed on appeal.

Lessner, Justin H.
Appellate Practice, Litigation

Obtained summary judgment on behalf of structural steel contractor in personal injury lawsuit that occurred at a large condominium building.

Lessner, Justin H.
Insurance Defense, Litigation

Successfully defended limited liability company in action seeking temporary restraining order and other relief arising out of purchase of a downtown Chicago commercial building.

Insights

Other Presentations & Publications
Article: "Seventh Circuit Nixes Habitually Tardy Employee's Discrimination Lawsuit." Wisconsin Employment Law Letter (1/2015)
Article: "Is Obesity a Disability Under the ADA?" Wisconsin Employment Law Letter (11/2014)
Article: “Court of Appeals Allows Expert Testimony on Permit Issue and Bars Similar Sale Evidence.” The Preeminent Domain (1/2015)
Article: “The Employer’s Right to Monitor Employee E-mails and Its Implications for the Attorney-Client Privilege.” Wisconsin Defense Counsel (11/2014)
Article: "High Court Holds That Public Employee’s Testimony Is Protected Free Speech." Wisconsin Employment Law Letter (8/2014)
Article: "If I Am Called to Jury Duty, What Should I Expect?" The Verona Press (3/2014)
Article: "After-Acquired Evidence of Employee Misconduct: A Useful Tool for Limiting Liability." Wisconsin Employment Law Letter (6/2014)
Article: "Is Office Gambling a Safe Bet?" Wisconsin Employment Law Letter (3/2014)