Leading national drug store and department store retailers, as well as regional shopping malls and other local and regional retail clients, rely on Leib & Katt for defense in liability disputes. Our lawyers work effectively with the in-house legal staffs and liability claims departments of retail clients, and with their liability insurers, to handle allegations of defective or unsafe building conditions, false arrest, discrimination and similar claims. Our product liability and toxic tort practice also defends retailers targeted by plaintiffs in lawsuits over these issues.
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We tailor our approach in these cases to each client’s litigation strategy, moving quickly to identify the interests and exposure at stake and crafting an effective trial strategy. Because we have handled a wide range of matters – including such high profile litigation as defense of a security guard who shot and killed a shoplifter – our lawyers don’t reinvent the wheel when new matters arise. Particularly in Wisconsin, where the legal climate and the Wisconsin Safe Place Statute subject retailers to numerous liability claims, our ability to assess the risk in a premises or security liability claim can be crucial in constructing a cost-effective defense approach.
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With an extensive malpractice defense capability and in-depth understanding of medical terminology, Leib & Katt ably defends pharmacists and pharmacy operations against claims alleging misprescription or other negligence. In one important recent case, defending a national retailer whose pharmacy filled an incorrect prescription exactly as written, we secured summary judgment for our client at trial. When a third-party plaintiff brought another suit in the same matter and appealed it to the Wisconsin Supreme Court, we successfully argued a defense based on issue preclusion. This issue of first impression will outline the duties and responsibilities of defendants in multi-party suits for years to come.
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Retailers also face specialized liabilities that our lawyers can resolve. For example, we defend retailers in controversies with their vendors, including profit margin claims and disagreements over purchase orders and quantities. Because they often involve unwritten agreements, these disputes require the focused retailing knowledge our lawyers have developed.
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