Attorney Malloy obtains favorable result at Court of Appeals
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March 14, 2012 - Attorney Mark D. Malloy recently received a decision from the Court of Appeals affirming the dismissal of a complex construction case against his client, a commercial real estate brokerage. Plaintiff argued that the corporate veil should be pierced because the brokerage was a “parent corporation” that controlled another defendant, a construction management firm. Attorney Malloy successfully argued at the trial court level, now affirmed by the Court of Appeals, that there was no evidence presented to warrant piercing the corporate veil. Accordingly, due to the non-existence of a contract between the plaintiff and the brokerage firm, all claims against the client were dismissed.
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Attorney Malloy and Attorney Katt featured in Wisconsin Civil Trial Journal
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March 14, 2012 - An article written by Attorneys Mark D. Malloy and Christina A. Katt will be published in the Spring issue of Wisconsin Defense Counsel’s Wisconsin Civil Trial Journal. The article discusses a recent Wisconsin Court of Appeals decision that potentially has a significant effect on an insurer’s ability to deny coverage under an occurrence based policy for intentional assaults committed by its insured. If you would like a copy of the article, please do not hesitate to contact either Attorney Malloy (mdm@leibkatt.com) or Attorney Katt (cak@leibkatt.com).
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November 15, 2011 - Attorney William J. Katt is featured in the Super Lawyers November 2011 magazine. Here's a link to the story...Flying Colors
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Super Lawyers 2011 Recognizes Six Leib & Katt Attorneys
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November 14, 2011 - Kevin A. Christensen was selected for inclusion in the 2011 Wisconsin Super Lawyers publication. The Super Lawyers list reflects a select group of attorneys from across Wisconsin chosen based on peer evaluations and the publishers’ independent research into the attorney’s qualifications and skills. The list is published in the November issue of Milwaukee Magazine. Kevin is very pleased to be recognized for the first time. He joins Douglas S. Knott, William J. Katt and Samuel J. Leib on the Super Lawyers list. Doug has been selected for a second year, and Bill and Sam have been selected annually for the list since 2005. Mark D. Malloy and Heather L. Utlaut were selected for inclusion in the 2011 Wisconsin Super Lawyers –Rising Stars Edition for the same publication - a reflection of their status among the state’s top up-and-coming attorneys. Heather was pleased to be recognized for the first time. Mark D. Malloy has been on the list since 2005. Leib & Katt is extremely proud of its significant presence on the list of Wisconsin’s top attorneys, as well as the recognition and appreciation of its peers.
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Malloy Obtains Summary Judgment on Illinois Asbestos Case
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August 25, 2011 - Attorney Mark Malloy recently obtained summary judgment on behalf of his client, a global financial services firm, in a wrongful death case venued in Madison County, Illinois. The client was sued as a successor to a company it had purchased through a series of transactions. Plaintiff alleged that the decedent was exposed to asbestos while working in the Xerox Building in Chicago, which at the time was allegedly owned by the successor corporation. Attorney Malloy successfully argued that Plaintiff had not met his burden of establishing ownership by the predecessor corporation, which in fact was a trustee for the real owner of the building, or that there was successor liability which flowed from the predecessor corporation to the client. Attorney Malloy continues to represent companies in asbestos litigation in Wisconsin, Illinois, and Minnesota. He can be reached at 414-292-3019 or mdm@leibkatt.com.
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May, 2011--Recently our employees worked with several nurses and doctors from Bellin Hospital in Green Bay, Wisconsin. The stories from their mission trips to villages and orphanages in Haiti inspired our employees to take an office collection to benefit the nonprofit organization Friends of Haiti. While our $850 in donations help in a small way, we are grateful to those who can make a big and personal difference in the health and wellbeing of the people in need in Haiti.
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Minnesota Court of Appeals Reverses Negligent Training Verdict Against Flight Trainer
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On April 19, 2011, the Court of Appeals of Minnesota overturned a judgment obtained by the plaintiffs in Glorvigen, et al. v. Cirrus Design, et al, against the University of North Dakota Aerospace Foundation (UNDAF). The plaintiffs in that action brought a claim that Cirrus, an aircraft manufacturer, and its contractor, UNDAF, were negligent in providing transition training to a new Cirrus owner and pilot who crashed while flying his Cirrus aircraft nearly two months after completing training. Both the pilot and his passenger were killed as a result of the accident. Plaintiffs, representatives of the two victims of the accident, claimed that an omitted lesson in the training, which Cirrus had contracted UNDAF to provide, left this pilot unable to recover from spatial disorientation and caused the fatal crash which was the subject of the litigation. William Katt represented UNDAF at trial in May, 2009, and argued in pre-trial motions that claims for negligent training, or “educational malpractice”, are not recognized under established Minnesota law. The trial judge denied this motion and, despite a vigorous defense establishing that the allegedly omitted training was, in fact, provided, eventually the jury returned a $19 million dollar judgment against Cirrus and UNDAF. On appeal, that verdict was reversed on the grounds identical to that advocated by Attorney Katt prior to trial – namely, that any such claims for “educational malpractice” are not recognized under Minnesota law.
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Katt Retained in JFK Collision Matter
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Attorney William Katt was recently retained to represent the interests of a regional jet carrier with regard to the runway collision incident at JFK airport in New York on Monday, April 11, 2011. The incident involved an Air France-operated Airbus A380 that was taxiing on the ground at JFK when the left wing of the A380 struck the tail of a Comair CRJ 700 regional jet that was waiting on a nearby taxiway. Both aircraft were damaged as a result of the incident.
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Attorney Katt Retained in International Air Services Matter
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Attorney William J. Katt was recently retained to advise and represent an international air services contractor in connection with the April 4, 2011 crash of a United Nations aircraft in the Democratic Republic of the Congo. The aircraft, a Bombardier CRJ-100 operated by Airzena Georgian Airways, crashed while attempting to land at the N'djila airport in Kinshasa.
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Leib & Katt obtains summary judgment on Illinois asbestos case
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Attorneys Mark Malloy and Christina Katt recently obtained summary judgment on behalf of their clients, a leading financial services firm, in an asbestos case venued in Peoria County, Illinois. Plaintiff was a construction worker who contracted mesothelioma after exposure to asbestos. He brought action against multiple defendants alleging that the exposure occurred on those defendants’ premises. After extensive discovery, we argued that Plaintiff’s exposure at the client’s premises - a bank in Peoria, Illinois - amounted to five days of his forty year career, and that during those five days he had no significant exposure to airborne asbestos fibers. The case was originally filed in Cook County, but venue was transferred on Defendants’ motion to Peoria County. The trial court dismissed all Plaintiff’s claims against the client, finding that Plaintiff failed to satisfy the “frequency, regularity, and proximity” test required by Illinois in asbestos exposure cases. Attorney Malloy and Attorney Katt continue to represent clients throughout the Midwest in toxic tort cases, including cases arising from exposure to asbestos. Both Attorney Malloy and Attorney Katt are licensed to practice law in Illinois and Wisconsin. Attorney Malloy is also licensed to practice law in Minnesota.
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Gaynor to Speak at Annual Medical Malpractice Seminar
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Attorney Sean M. Gaynor has been asked to speak at the annual Medical Malpractice Seminar conducted at the Milwaukee Bar Association on December 9, 2010. Gaynor will be speaking on two topics, Medicine 101 for Attorneys and The Expert Witness. Gaynor is part of a faculty that includes some of the area’s top malpractice litigators.
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Super Lawyers 2010 Recognizes Five Leib & Katt Attorneys
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Douglas S. Knott was selected for inclusion in the 2010 Wisconsin Super Lawyers publication. The Super Lawyers list reflects a select group of attorneys from across Wisconsin chosen on the basis of peer evaluations and the publishers’ independent research into the attorney’s qualifications and skills. The list is published in the November issue of Milwaukee Magazine. Doug is very pleased to be recognized for the first time. He joins William J. Katt and Samuel J. Leib on the Super Lawyers list. Bill and Sam have been selected annually for the list since 2005. Mark D. Malloy and Sean M. Gaynor were selected once again for inclusion on the 2010 Super Lawyers--Rising Stars Edition for the same publication – a reflection of their status among the state’s top up-and-coming attorneys. Leib & Katt is extremely proud of its significant presence on the list of Wisconsin’s top attorneys, as well as the recognition and appreciation of its peers.
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Malloy to Speak at Wisconsin Defense Counsel Annual Meeting
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Attorney Mark Malloy will speak at the annual meeting for the Wisconsin Defense Counsel in Kohler, Wisconsin on December 3, 2010. Malloy will speak on recent developments in the area of insurance bad faith. Wisconsin Defense Counsel is a statewide organization of 450 attorneys dedicated to the defense of Wisconsin businesses and individuals. For more information on the organization or Attorney Malloy’s presentation, please contact him or visit www.wdc-online.org.
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Leib and Katt Obtains Dismissal in High Exposure Construction Case
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Attorneys Mark Malloy and Christina Katt recently received summary judgment in a high exposure construction case in Milwaukee County. Plaintiff, a national corporation, brought action against the client, a local real estate brokerage, for damage related to the construction of 20 assisted living facilities across the country. The client was sued under a piercing the corporate veil theory never before recognized under Wisconsin law. After extensive discovery and motion practice, the trial court granted summary judgment, dismissing all claims against the client.
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Katt Named as Lead Counsel in Fatal Arizona Helicopter Crash Lawsuit
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Attorney William J. Katt was recently named lead trial counsel for a defendant in the case of Charlotte Morton, et al. v. Cascade Airframe Repair, Inc., et al. pending in the Superior Court of the State of Arizona, Maricopa County, Case No: CV-2010-051913. The case involves the crash of a Eurocopter EC135 helicopter that killed five people north of Phoenix on February 14, 2010. Plaintiffs are being represented by Attorney Gary C. Robb with Robb & Robb LLC in Kansas City, Missouri.
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Leib & Katt Attorneys Successfully Defend Construction Firm Case
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Attorneys Kevin Christensen and Heather Utlaut successfully defended a large exposure personal injury case at trial in Dane County for Stevens Construction, Inc. and its insurer, Travelers Insurance Company. The jury returned a verdict on July 21, 2010 finding no liability on Stevens Construction for a construction job site accident occurring when the plaintiff fell from a 50 foot tower in the Wisconsin Dells in May of 2005.
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Leib & Katt Successfully Defends Doctor in Liver Injury Case
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August 3, 2010, Appleton, WI: Attorneys Sam Leib and Sean Gaynor as well as paralegal Jill Heiderich received a defense verdict on behalf of a family practice physician they represented in a wrongful death case arising out of acute liver failure. The plaintiffs alleged that the family practice physician failed to timely notify the deceased of an abnormal liver function test and refer her to a liver specialist. The deceased had been taking the medication Diclofenac for more than 10 months at the time of the liver function test. The plaintiffs contended that the deceased passed away from Diclofenac induced liver toxicity and the failure to timely notify the patient of the abnormal test resulted in the patient taking the medication approximately three weeks longer than she should have. Leib & Katt fought the case on standard of care and causation grounds and retained specialists and experts from Wisconsin and throughout the country. After seven days of trial, the jury took less than 1 ½ hour to find no negligence against the doctor. This marks the third defense verdict Leib & Katt has received this summer in medical negligence cases.
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Katt to Speak at ABA Air and Space Law Committee Seminar
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Attorney William J. Katt was recently selected to speak at the American Bar Association’s Air and Space Law Committee Annual Seminar to be held in Washington D.C. on October 21-22, 2010. Attorney Katt will be part of a distinguished panel of speakers on the topic of conducting effective focus group research in aviation litigation.
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Katt Named as Lead Trial Counsel in Lockheed Martin Matter
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Attorney William J. Katt was recently named lead trial counsel for the defense of Lockheed Martin Services, Inc. in the matter of Newman, et al. v. EADS Socata, et al, currently pending in the U.S. District Court for the District of Massachusetts, Boston Division. The case involves the crash of a Socata TBM 700 single-engine turboprop aircraft on February 2, 2007, near New Bedford, MA, which resulted in three fatalities.
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Leib & Katt Successfully Defends Hospital in Brain Damaged Baby Case
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June 26, 2010, Rhinelander, WI - Leib and Katt, LLC, through Attorneys Sam Leib and Sean Gaynor, as well as paralegal, Jill Heiderich, obtained a defense verdict today in a brain damaged baby case. The plaintiffs argued that their now 6 year old child suffered a brain injury resulting in cerebral palsy during labor and delivery and immediately thereafter. Specifically, the plaintiffs claimed that the hospital staff improperly interpreted the fetal monitoring strips during the last hour or so of labor and delivery which led to the child being born depressed. Subsequently, the plaintiffs contended that the hospital staff failed to timely commence appropriate neonatal resuscitation which lead to the permanent brain injury. Leib & Katt retained some of the premiere experts in the country regarding fetal heart rate monitoring, neonatal resuscitation and pediatric neurology. The trial, which lasted two weeks, was fiercely contested and contained numerous legal and factual issues. The jury was out approximately 2 1/2 hours before returning the verdict in favor of the defense. This is the second brain damaged baby case that Leib, Gaynor and Heidrich have successfully defended over the last 10 months.
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While maintaining our headquarters in downtown Milwaukee, Leib & Katt has added a new location in the heart of Chicago’s financial district. This second location, at 222 N. LaSalle Street, Suite 1450 will make it even easier for us to hold client meetings, take depositions and handle trial matters in the Illinois courts. Firm lawyers will work out of the Chicago office as needed, so please call or email your regular contact in Milwaukee to make use of our Chicago presence. For reference the Chicago office voice number is 312.254.8660, fax is 312.254.8701, and ZIP code is 60601.
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