Client Successes

Constitutional Violations – Lawsuit Dismissal

Obtained dismissal of lawsuit in federal court on behalf of municipality stemming from claims of various constitutional violations.

Litigation, Municipal & School
Representation of a Large Municipality in Dispute

Dispute was regarding equipment for a water distribution plant. Three separate mediation events resulted in a creative settlement of the litigation.

Representation of Municipal Entities

Representation of municipal entities concerning annexations, inter-governmental cooperation, public works projects, public financing, utility regulation and tax incremental financing matters

Dismissal – Federal Lawsuit – Liquor License

Obtained dismissal of federal lawsuit filed by tavern against City that refused to issue liquor license because of prior problems with its license

Worker Disability & Retaliation Claims

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

Constructive Discharge

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)

Employee Disabilities

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)

Summary Judgment – Alleged Battery

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
Open Meetings Law

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
Federal Court Case – First Published Decision Addressing Validity of Multiple Administrator Contracts

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.)

First Amendment Retaliation Claims

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)

Sexual Misconduct

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
School District Immunity Defense

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