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Appellate
Seasoned Appellate Advocates – Achieving Success in
Landmark Cases
 
Since the firm’s founding in 1943, Whyte Hirschboeck Dudek S.C.’s appellate lawyers have been at the forefront of countless landmark cases across a broad spectrum of substantive areas. Representing a diverse range of clients, from large corporations, to trade organizations and other public interests groups, to indigent individuals, our skilled appellate advocates have successfully prosecuted and defended cases pending before numerous state and federal appellate bodies. They understand that the art of effective and efficient appellate representation requires tailoring their skill sets to the unique situation each case presents. From their proactive measures in building and protecting the record for appeal—whether as primary counsel or co-counsel—to zealously advocating our clients’ positions through compelling written and oral arguments to diligently implementing the final mandate in a case, WHD’s experienced appellate advocates have established a well-deserved reputation for delivering exceptional results.

Representative Engagements

WHD’s appellate lawyers have established an impressive appellate record over more than six decades of practice. Some of our more recent noteworthy appellate engagements follow.

Wisconsin Supreme Court

  • Wisconsin Med. Soc’y, Inc. v. Morgan, 2010 WI 94, 328 Wis. 2d 469, 787 N.W.2d 22 –WHD persuaded the Wisconsin Supreme Court to declare unconstitutional legislation authorizing the state to raid $200 million from Injured Patients and Families Compensation Fund to help reduce the state’s overall budget deficit, instead of applying funds for their intended purpose of helping patients and families injured by medical malpractice. The state was ordered to return $200 million to the fund, with accrued interest.
  • Christiansen v. Sullivan, 2009 WI 87, 320 Wis. 2d 76; 768 N.W.2d 798–WHD achieved reversal of an adverse court of appeals’ decision permitting recovery of monetary sanctions by 16,000 prisoners at Milwaukee County Jail due to conditions at the jail.
  • Wisconsin Dep’t of Revenue v. River City Refuse Removal, Inc., 2007 WI 27, 299 Wis. 2d 561, 729 N.W.2d 396–WHD convinced the Wisconsin Supreme Court to affirm the court of appeals’ decision in favor of a wholly owned subsidiary holding that the taxpayer had “good cause” justifying failure to pay use tax on fixed assets received through inter-company transfers from corporate affiliates. The Supreme Court found the subsidiary not subject to use tax.

Federal Circuit Courts of Appeals

  • Virnich v. Vorwald, 664 F.3d 206 (7th Cir. 2011)–WHD convinced the Seventh Circuit to uphold early dismissal of the plaintiff’s action against various defendants for conspiring to place his former business into receivership.
  • Sellers v. Zurich American Ins. Co., 627 F.3d 627 (7th Cir. 2010)–WHD successfully defended the decision of an insurer of an employee benefit plan to deny benefits under an accidental death policy involving the question of whether failure of a  medical device implanted during surgery for an accident was a separate “accident” under the policy.
  • United States v. Rappe, 614 F.3d 332 (7th Cir. 2010)–As pro bono appellate counsel, WHD obtained reversal of one of first convictions under new federal law governing registration of sex offenders, and secured the defendant’s resentencing on the remaining counts on which he was convicted.
Executing the right appellate strategy requires sound judgment tempered by experience. WHD’s seasoned appellate advocates welcome the opportunity to put that experience to work for you.