McNally Peterson, S.C. | Litigation, Trial and Appellate
Call Us at 414-257-3399
Practice Areas

Litigation, Trial and Appellate

CIVIL LITIGATION AND TRIAL PRACTICE, STATE AND FEDERAL COURTS
  
Our experienced litigation attorneys have tried cases throughout Wisconsin and in other states, in federal district courts and in the U.S. Court of Claims. Matters we have successfully litigated or defended include:
 
  • Breach of contract
  • Business disputes
  • Dissolution or breakup of a business
  • Employment litigation 
  • Fraud and breach of fiduciary duty
  • Construction litigation
  • Non-compete covenants and trade secrets
  • Unfair business practices
  • Product liability and personal injury claims
 
APPELLATE PRACTICE, STATE AND FEDERAL COURTS OF APPEAL
  
When challenging or defending the outcome of litigation, experienced and knowledgeable appellate counsel is essential. Our attorneys have the practical insight needed for the appeal process.  We brief and argue cases in the Wisconsin Court of Appeals, the Wisconsin Supreme Court, the U.S. Seventh Circuit Court of Appeals and other federal circuits. Such services include:
 
  • Representation in interlocutory appeals and original proceedings
  • Filing post-trial motions and other related support to better position client’s cases for appeal

BUSINESS AND COMMERCIAL LITIGATION
  
We work with clients to prevent potential litigation, which can be risky, costly, time-consuming and a distraction from the important tasks of running your business. When litigation cannot be avoided, our lawyers provide aggressive, cost-effective representation. Our representation in disputes is comprehensive, including:
 
  • Taking the time to understand our clients' business models, strategic market objectives and their operations
  • Working toward efficient, cost-effective resolutions
  • Setting up a litigation strategy that is flexible and mindful of the adversaries’ strengths and weaknesses
  • Providing effective and practical representation
  • Working within our clients' budgets
  • Pursuing courses of action that have been formulated with the “big picture” in mind
     
SHAREHOLDER AND PARTNERSHIP DISPUTES
 
Our attorneys litigate shareholder rights under buy-sell agreements and corporate bylaws and handle partnership disputes. For example, we routinely
 
  • Litigate claims arising out of corporate and partnership dissolutions
  • Defend corporate officers and directors against claims by minority shareholders
  • Represent lawyers, doctors, dentists, architects, engineers and other professionals in the break-up of their professional practices.
  • Represent both plaintiffs and defendants in litigation and arbitration over the interpretation and enforcement of commercial contracts, leases and other contractual agreements
  • Represent clients who face claims of corporate director and officer liability in lawsuits initiated by shareholders as well as by third parties 
     
CONSTRUCTION LAW
  
Many construction projects involve the participation and cooperation of multiple parties and organizations, and therefore disagreements and miscommunication are not unusual. When disputes are brought to us, our goal is always a reasoned settlement that best suits our client’s goals. We represent contractors, subcontractors, developers, architects and engineers in court and through mediation and arbitration, in claims over substantial completion, retained funds, liquidated damages and extras, construction design and defects, and related insurance coverage issues.  The projects we have been involved in include:
 
  • Commercial, industrial, school and government buildings
  • Multi-family and single-family housing
  • Underground and grading site preparation
  • Zoning and land development

ALTERNATIVE DISPUTE RESOLUTION (ADR) – MEDIATIONS AND ARBITRATIONS
  
We handle negotiations, mediations and arbitration hearings involving construction, contract and shareholder claims, will contests, personal injury and product liability cases and uninsured and underinsured motor vehicle insurance claims. Some of our attorneys also serve as arbitrators and mediators. (See the section on Alternative Dispute Resolution Neutral) 

INSURANCE
  
We represent insureds – individuals, businesses and professionals – in cases involving non-payment or partial payment of claims, wrongful denial of coverage or bad faith refusal by insurance companies to provide an insured with a defense. Our experience includes:
 
  • Auto, marine and aviation
  • Disability, health and life
  • Homeowners and commercial general liability
  • Environmental
  • Professional malpractice and construction insurance issues

VEHICULAR AND TRANSPORTATION ACCIDENTS
  
The firm's attorneys represent clients hurt in motor vehicle, airplane, boat, bicycle, construction equipment and recreational vehicle accidents. Our work has resulted in substantial settlements and verdicts for wrongful death claims and for accidental injuries. We also have extensive experience defending companies in truck and auto accident claims and lawsuits. Our defense experience includes:
 
  • Commercial trucking companies
  • Bus companies
  • Airplane and airplane parts manufacturers

PRODUCT LIABILITY (MACHINERY/TOXIC TORT, AVIATION, VEHICLES)
  
We understand the importance of a product liability claim and we regularly provide defense representation to manufacturers, retailers, distributors, vendors and other parties named in such liability claims. Our attorneys litigate cases for both the makers and sellers of products. Our experience includes:
 
  • Advising manufacturing clients on product safety regulations and warning language
  • Defending self-insured manufacturers in product defect and design failure litigation
  • Litigating claims of chemical contamination and exposure
  • Defending companies in asbestos exposure lawsuits exposure lawsuits and other toxic torts defense
  • Handling wrongful death and injury cases arising from product defect claims
We have also represented people harmed by:
  • Machine defects or designs
  • Prescription drugs and vaccines
 
DISABILITY/FAIR HOUSING ISSUES

We advise and litigate on behalf of providers of group housing to persons with disabilities on federal and state laws requiring reasonable accommodations that allow disabled persons to live in housing of their choice.  We also assist in zoning and other municipal ordinance issues encountered during the project development process. We represent:
 
  • Operators of adult family homes, group homes and residential care centers
  • Providers of training and other services to persons with disabilities