McNally, Maloney & Peterson, S.C.

CIVIL LITIGATION AND TRIAL PRACTICE

Our experienced litigation attorneys have tried cases throughout Wisconsin and in other states, in federal district courts, in the U.S. Court of Claims and U.S. Tax Court. Examples include:

Defending a company against competitor claims of false and misleading advertising

Enforcing federal fair housing laws for an operator of group homes for disabled people

Suing for an individual client to enforce a million-dollar real estate purchase contract

Litigating for an excavating and grading contractor to recover monies due for work on a major landfill project

Handling a dealer termination lawsuit for a major Wisconsin engine manufacturer.

APPELLATE PRACTICE - CASES IN STATE AND FEDERAL COURTS OF APPEAL

We brief and argue cases in the Wisconsin Court of Appeals, the Wisconsin Supreme Court and the U.S. Seventh Circuit Court of Appeals, including:

Representation in the Seventh Circuit of company retirees in a pension rights case

Appeal to the Wisconsin Supreme Court on issues involving the scope of an insurance company's duty to defend an insured

Argument before the Wisconsin Court of Appeals on an injunction in a construction bid claim.

BUSINESS LITIGATION

We work with clients to prevent potential litigation. When litigation cannot be avoided, our lawyers provide aggressive, cost-effective representation.

SHAREHOLDER AND PARTNERSHIP DISPUTES

Our attorneys litigate shareholder rights under buy-sell agreements and corporate bylaws and handle partnership disputes. For example, we have:

Litigated claims arising out of corporate and partnership dissolutions

Defended corporate officers and directors against claims by minority shareholders

Represented lawyers, doctors, dentists, architects, engineers and other professionals in the break-up of their professional practices.

CONSTRUCTION LAW

We represent contractors, developers, architects and engineers in court and through mediation and arbitration, in claims over substantial completion, retained funds, liquidated damages and extras.

ALTERNATIVE DISPUTE RESOLUTION (ADR)

We handle 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.

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, aviation, disability, health, life, homeowners, commercial general liability, environmental, workers' compensation, professional malpractice and construction surety insurance issues.

ENVIRONMENTAL LAW

Our trial attorneys handle litigation involving state and federal regulations. Cases include:

Defending companies accused of violating clean air regulations

Recovering damages from prior landowners and their insurers for contaminated soil clean up

Handling insurance issues for a municipality operating a site needing remediation

Representing environmental labs accused of improperly testing for the presence of toxic substances

Litigating with government agencies over tax abatement credits for installing environmentally-friendly manufacturing equipment

Defending construction contractors in DNR matters.

VEHICULAR ACCIDENTS

The firm's attorneys represent clients hurt in motor vehicle, boat, bicycle, construction equipment and pedestrian/vehicle accidents. Our work has resulted in seven-figure settlements of wrongful death claims and six-figure verdicts and settlements for accidental injuries.

PRODUCT LIABILITY

Our attorneys litigate cases for both the makers and sellers of products and injured plaintiffs. Our experience includes:

Advising manufacturing clients on product safety regulations and warning language

Defending self-insured manufacturers in product defect and design failure litigation

Representing people injured by machine defects or designs

Litigating claims of chemical contamination and exposure

Pursuing prescription drug and vaccine producers for injury or illness caused by vaccines and other medications

Defending companies in asbestos exposure lawsuits.

AVIATION LAW

We have extensive experience in aircraft crash litigation, including:

Defense of airframe and component parts manufacturers

Pursuit of wrongful death claims resulting from commercial jetliner crashes

Defense of general aviation airport operators and maintenance facilities

Representation of injured passengers in small plane crashes caused by pilot error.

PROFESSIONAL MALPRACTICE

The firm's trial lawyers represent plaintiffs bringing malpractice claims against doctors, dentists, architects, engineers and accountants and advise professionals sued in such litigation.

We also represent attorneys and medical professionals in disciplinary actions before state licensing boards.

EMPLOYMENT LAW

We counsel business clients in employment-related matters, including claims alleging race, age and handicap discrimination, and sexual harassment, and litigate actions involving breach of employment contracts, covenants not to compete and wrongful and retaliatory discharge.

SCHOOL LAW

Our trial attorneys serve as special counsel to school boards and administration in expulsions, suspensions and disciplinary actions and in terminations, suspensions and discipline of teachers or administrators for misconduct.

CONSTITUTIONAL AND CIVIL RIGHTS' LAW

Litigation related to race, sex, age, national origin and handicap discrimination is handled by the firm’s trial lawyers. Our attorneys have also extensively litigated fair housing cases.