Client Successes

Page: 13 of 18

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
Prevailed on Attempt by Objectors to Prevent/Delay Development

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

Non-Compete Agreement

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

Misrepresentation Claims

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

Malpractice Involving Family Law Matter

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
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
Prevailed in Open Records Lawsuit

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

Tuition Payments

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 – Road Relocation

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
Misrepresentations & Breach of Contract

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 in Federal False Claims Case

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)

Adverse Possession

Obtained favorable jury verdict in adverse possession case in favor of landowner

Termination From Master’s Program

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
Dismissal – Breach of Contract, Breach of Fiduciary Duty & Statutory Violations

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.)

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