OCHDL Highlighted for Oral Arguments Before Wisconsin Supreme Court

In a recent article authored by a professor at Marquette University, O’Neil Cannon was prominently mentioned for its activity and success before the Wisconsin Supreme Court. In the article, the professor discusses what law firms were most active and successful before the Court during the Court’s past three terms (2018-2021).

The article notes that 13 law firms, including OCHDL, have had at least three oral arguments before the Court during the Court’s past three terms and, of those firms, OCHDL had the third most oral arguments. The article also notes that only two of these 13 law firms prevailed in all of their cases before the Court, with OCHDL being one of them.

Additionally, the article examined how each law firm won (or lost) the support of each individual justice in the respective cases they argued. Only one of the firms—OCHDL—was successful in obtaining at least two-thirds of the votes cast by every justice who participated in their cases.

OCHDL is honored to be recognized for its success in representing clients before the Wisconsin Supreme Court.


Grant Killoran Elected to the American Bar Association Board of Governors

Grant Killoran of O’Neil, Cannon, Hollman, DeJong and Laing was elected to the Board of Governors of the American Bar Association at the ABA’s Annual Meeting in Chicago in August 2021. Grant will serve a three-year term and represent District 9, which includes the states of Wisconsin, Minnesota, and Missouri.

The 43-member Board of Governors is comprised of 19 District representatives, 18 members-at large, and the following officers of the ABA (serving ex-officio): the ABA President, President-Elect, Chair of the House of Delegates, Secretary, Treasurer, and Immediate Past President. The Board of Governors oversees the general operation of the ABA and develops specific plans of action. Grant also has been appointed as the Board of Governors’ liaison to the ABA’s Section of Health Law, Commission on the American Jury, and Forum on Housing and Community Development Law.

With his election to the ABA Board of Governors, Grant also becomes a member of the ABA House of Delegates. The House of Delegates is the ABA’s policymaking body and is responsible for control and administration of the ABA. Grant previously served in the House of Delegates for many years as a representative of the State Bar of Wisconsin.


Four OCHDL Attorneys Named 2022 “Lawyer of the Year” in the Milwaukee Area by Best Lawyers®

Attorneys Seth Dizard (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization), Pete Faust (Mergers and Acquisitions), Greg Lyons (Litigation – Insurance), and Steve Slawinski (Construction) have been named by Best Lawyers® as the 2022 “Lawyer of the Year” in Milwaukee for their area of practice.

Only one lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year.”  Lawyers are selected based on the assessments of other leading lawyers in the same category.

This designation reflects the high level of respect lawyers have earned for their abilities, professionalism, and integrity.


19 OCHDL Lawyers Selected as 2022 Best Lawyers®; Another 5 Named Best Lawyers: Ones to Watch

We are pleased to announce 19 of our lawyers have been included in the 2022 Edition of The Best Lawyers in America, and an additional five have been selected as 2022 Best Lawyers: Ones to Watch.

The following are the O’Neil, Cannon, Hollman, DeJong and Laing lawyers named to the 2022 lists:

Best Lawyers in America

  • Douglas P. Dehler – Litigation – Insurance
  • James G. DeJong – Corporate Law, Mergers and Acquisitions Law, and Securities / Capital Markets Law
  • Seth E. Dizard – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Peter J. Faust – Corporate Law and Mergers and Acquisitions Law
  • John G. Gehringer – Commercial Litigation, Construction Law, Corporate Law, and Real Estate Law
  • Joseph E. Gumina – Employment Law – Management and Litigation – Labor and Employment
  • Dennis W. Hollman – Corporate Law and Trusts and Estates
  • Grant C. Killoran – Commercial Litigation and Litigation – Health Care
  • JB Koenings – Corporate Law
  • Dean P. Laing – Commercial Litigation, Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Defendants
  • Gregory W. Lyons – Commercial Litigation and Litigation – Insurance
  • Patrick G. McBride – Commercial Litigation
  • Joseph D. Newbold – Commercial Litigation
  • Chad J. Richter – Business Organizations (including LLCs and Partnerships) and Corporate Law
  • John R. Schreiber – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy
  • Jason R. Scoby – Corporate Law
  • Steven J. Slawinski – Construction Law

Best Lawyers: Ones to Watch

  • Trevor C. Lippman – Litigation – Trusts and Estates
  • Erica N. Reib – Labor and Employment Law – Management and Litigation – Labor and Employment
  • Kelly M. Spott – Trusts and Estates
  • Christa D. Wittenberg – Commercial Litigation

About Best Lawyers

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.

Best Lawyers: Ones to Watch recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Lawyers on The Best Lawyers in America and Best Lawyers: Ones to Watch lists are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and they undergo an authentication process to make sure they are in current practice and in good standing.


The WiLaw Quarterly Newsletter

Newsletter Article Highlights:

  • A Recent Supreme Court Decision Narrows the Scope of Trespasser Immunity
  • Wisconsin Landlord Subjected to Tenancy in Jail
  • Estate Planning Considerations for Second Marriages
  • What Does President Biden’s Executive Order on Non-Competes Mean for Wisconsin Employers?
  • Did the United States Supreme Court Just Suggest a Change to the Established Public Health Constitutional Framework?

Firm News:

  • Attorney Greg Lyons Named Fellow with the American Bar Foundation
  • Attorney Grant Killoran Published in the Wisconsin Lawyer

Click the image below to read more.


Attorney Grant Killoran Published in the Wisconsin Lawyer

Grant Killoran authored an article in the June, 2021 edition of the Wisconsin Lawyer magazine, entitled “The Legal Treatment of Vaccine Injury Claim.” Their article analyzes how claims for vaccine injury, including claims related to the newly-developed COVID-19 vaccines, are handled under existing law, including the statutory processes applicable to such claims.

Read the full article here.


Attorney Grant Killoran featured in the ABA Journal

Grant Killoran is featured in the June/July edition of the ABA Journal along with the other nominees for the American Bar Association’s Board of Governors. Grant is the nominee for the District 9 seat on the ABA Board of Governors, which includes the states of Wisconsin, Minnesota, and Missouri. The election for the ABA Board of Governors will take place at the ABA’s Annual Meeting in Chicago in August, 2021.

You can read the full article here.


Attorney Steve Slawinski to Present at the Upcoming State Bar of Wisconsin Annual Meeting and Conference

Attorney Steve Slawinski will be presenting at the State Bar of Wisconsin Annual Meeting and Conference on Thursday, June 10. The session will focus on establishing, proving up, and collecting damages incurred by prime and subcontractors in an array of scenarios, including unforeseen site conditions, changes in scope of work, delays resulting from utility conflicts, and more.

The 2021 Annual Meeting and Conference lineup includes outstanding educational sessions, with topics that cover every practice area and experience level. If you would like to register for this virtual event click here.


A Recent Supreme Court Decision Narrows the Scope of Trespasser Immunity

A recent decision delivered by the Wisconsin Supreme Court has demonstrated that even a simple bar fight can have a drastic impact on Wisconsin’s legal precedent. Such decision occurred in the case of  Stroede v. Society Insurance and Railroad Station, LLC,  where the court ruled that the off-duty employee who escorted a drunk patron out of a bar does not have immunity from the negligence lawsuit that followed when the patron fell down a flight of stairs and suffered injuries. Stroede sheds light upon the scope of immunity granted to “possessor[s] of real property” under Wis. Stat. § 895.529 against legal claims brought by injured trespassers.

The main facts of the case are as follows: David Stroede was drinking at a bar in Saukville, Wisconsin in 2014. Stroede became severely intoxicated and punched another bar patron. Initially, Stroede was removed from the bar by one of its on-duty employees. Jacob Tetting, an off-duty employee, was also in the bar that night having dinner with his family and witnessed Stroede attempt to re-enter the bar shortly after he was removed.  Tetting grabbed Stroede by the shoulders and began to walk him out of the bar yet again. While escorting Stroede out, Tetting released Stroede near the bar’s stairwell and Stroede tumbled down the stairs suffering serious injuries. Stroede, thereafter, filed suit against Tetting, the bar, and the bar’s insurer.

Tetting argued that he was entitled to immunity under Wis. Stat. § 895.529, which states that “a lawful occupant of real property” has no duty of care to trespassers and because Mr. Stroede was a trespasser at the bar after he was initially removed for starting a fight, Tetting owed him no duty of care. However, the Court’s decision hung on the determination of whether Tetting was an “other lawful occupant”[1] of the bar under the immunity statute. Ultimately, the Court found that because Tetting was simply a bar patron at the time Stroede was injured and he was not acting as an on-duty employee, he was not entitled to immunity.

Based on this ruling, off-duty employees are not entitled to immunity should they happen to injure a party trespassing at their place of employment. The application of Stroede is likely to be especially important in the future for employees of bars and restaurants. Thus, should a similar incident occur while you are enjoying a meal or a pint at your place of employment, let the on-duty employees handle the incident.

 


 

[1] Specifically, under Wis. Stat. § 895.529(1)-(2), an “owner, lessee, tenant, or other lawful occupant of real property” does not owe a duty of care to a trespasser of real property.


The WiLaw Quarterly Newsletter

Newsletter Article Highlights:

  • Is Your Commercial Property Tax Assessment Too High?
  • FEMA Launches COVID-19 Funeral Assistance Program
  • $7.5 Million Debt Limitation for Small Business Debtors Extended
  • IRS Says Restaurant Entertainment Expenses Fully Deductible
  • American Rescue Plan Extends Tax Credits for COVID-Related Leave
  • Corporate Practice of Medicine and Fee Splitting–Considerations for Telehealth Ventures

Firm News:

  • Firm Elects Kelly M. Spott and Trevor Lippman as Shareholders
  • Attorneys Christa Wittenberg and Dean Laing Published in the Wisconsin Lawyer
  • Attorney Gumina’s Article on Employer Covid-19 Vaccination Policies was Featured by ABC of Wisconsin
  • Attorneys Marguerite Hammes and Grant Killoran Published in the Wisconsin Lawyer

Click the image below to read more.