Attorney Lori M. Lubinsky

Lori M. Lubinsky

Partner
Kathy Butts
608.283.6790

About

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, employment law, insurance defense, professional malpractice, shareholder disputes, commercial litigation, construction litigation and personal injury 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 has been 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 has significant appellate experience, having argued five times before the Wisconsin Supreme Court and seven times before the Seventh Circuit. She has acted as lead counsel in over thirty state and federal appeals.

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.

Education

J.D., cum laude, University of Wisconsin-Madison Law School
B.A., with honors, University of Wisconsin-Madison

Involvement & Recognition

Involvement:

  • Member, American Bar Association
  • Member, Executive 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

Recognition:

  • Named to the 2013-2017 Wisconsin Super Lawyers List (Primary Area of Practice: Civil Litigation Defense)
    • Named to Wisconsin Super Lawyers List in its Business Edition (Primary Area of Practice: Civil Litigation Defense)
  • Named by the Wisconsin Law Journal as one of 2009’s top women in the Wisconsin legal profession
  • Named a top Education and Insurance Law lawyer in The Best Lawyers in America©
  • Named to the 2006, 2007, 2010 and 2012 Wisconsin Rising Stars Lists
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell® Peer Review Ratings™

Client Successes

Successfully represented real estate developer through trial in lawsuit filed by commercial tenant seeking damages in excess of $800,000 relating to the scope of a use restriction in the commercial lease prohibiting certain types of restaurants from operating near the tenants location.

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

Recovered attorney’s fees on behalf of client in Dane County court for having to defend lawsuit that was frivolously filed

Lori Lubinsky
Litigation

Obtained substantial personal injury settlement involving employee injured after falling through outdoor staircase

Lori Lubinsky

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 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 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

Lori Lubinsky

Prevailed on attempt by objectors of development to prevent/delay development by use of direct legislation statute

Prevailed on employer’s request for injunction to attempt to enforce non-compete agreement

Prevailed at court trial on misrepresentation claims involving a failed attempt to purchase commercial property

Obtained jury verdict in favor of law firm and two attorneys who were sued for malpractice involving family law matter

Lori Lubinsky
Family Law, Litigation

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

Lori Lubinsky

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

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)

Lori Lubinsky
Litigation, School Law

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

Lori Lubinsky
Construction

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

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 favorable jury verdict in adverse possession case in favor of landowner

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

Lori Lubinsky
Litigation

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 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 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)

Prevailed on plaintiff’s claims against school district for a teacher’s sexual misconduct. N.R. Poe v. St. Francis School District, Appeal No. 12-1039 (7th Cir. 2012).

Lori Lubinsky

Prevailed on immunity defense for school district relating to student’s fall in school hallway which was affirmed on appeal at Edwards v. Baraboo School District, 2011 WI App 121.

Lori Lubinsky

Insights

Other Presentations & Publications
Presentation: "Employee Handbooks: Limiting Liability for Employment Claims." Tri County Human Resources Association (05/2016)
Author, "Employer Avoids Wage Claim Penalty by Payment of Wages Before Lawsuit Was Commenced." Wisconsin Employment Law Letter. Jan. 2003.
Author, "Employer Loses Conditional Privilege for Employment Records Due to Bad Motives." Wisconsin Employment Law Letter. Nov. 2003.
Author, "Employers Were Not 'Regarded As' Disabled Where Employer Concluded that Restrictions Prevented Employees From Performing Job." Wisconsin Employment Law Letter. June 2004.

Endorsements

We chose Attorney Lubinsky to represent us on the recommendation of one of our transactional business attorneys. We were looking for a tenacious fighter who would represent our interest in court aggressively. Lori gave us all of that, and more. We couldn’t be more grateful for her thoughtful advice, helpfulness in navigating the uncertain waters of litigation and aggressive representation. It is without reservation that we highly recommend her and Axley Law Firm.

- Terry McGuire | BLM Land, LLC
Litigation

- Mark McClusky