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John L. Kirtley, a shareholder in the firm's Litigation Practice Group, is the firm's Marketing Partner and a member of its Board of Directors. In his 20 year business litigation practice, John has represented clients in a variety of commercial disputes, primarily in the areas of contracts, business torts, banking, securities and financial services, covenants not to compete, trade secrets, lender liability, construction and real estate. John has extensive trial and injunctive hearing experience, as well as significant experience in arbitration, mediation, and other forms of alternative dispute resolution. John was recently selected as a Wisconsin Super Lawyer for Business Litigation. John graduated cum laude from the Indiana University School of Law. He completed his undergraduate education at Ball State University, where he received a bachelor's degree in economics and political science, magna cum laude. John is a member of the State Bar of Wisconsin, the Thomas E. Fairchild American Inns of Court, the American Bar Association and the Milwaukee Bar Association. He is admitted to practice before the United States Federal District Courts for the Eastern and Western Districts of Wisconsin, the Federal Court of Claims, and the United States Court of Appeals for the Seventh Judicial Circuit. He is a frequent seminar speaker on current business litigation topics and federal court practice.
Representative Matters
Fink v. Citigroup Global Markets. Prevailed in a no liability NASD verdict where claimant sought seven figure damage award. Strong Capital Management Class Action Shareholder Litigation. Represented Strong Capital Management and various Strong Funds in class action shareholder litigation. Seth Peterson Cottage Conservancy v. The Goodyear Tire & Rubber Company. Represented Goodyear in Wisconsin class action in which Goodyear's Entran II hosing for hydronic heat systems was alleged to be defective. Johnsonville Sausage v. Premio Foods. Successfully represented Johnsonville in trademark infringement action against Premio Foods in federal court jury trial. Coats v. Viaticals of America, Marshall & Ilsley Corporation, et al. Successfully represented Marshall & Ilsley Corporation in obtaining its dismissal from viatical class action litigation. Kohler Dissenters' Rights Litigation. Represented over 100 dissenting shareholders in dissenters' rights and breach of fiduciary litigation against Kohler Company. Beamaco v. City Centre. Prevailed in defeating injunction and later obtained summary judgment in multi-million dollar real estate dispute concerning lease options and rights of first refusal. Spacesaver Corporation v. Schette Industrial Sales. Prevailed at trial in UCC product warranty litigation, obtaining a high six figure judgment. Chr. Hansen Labs v. Crompton & Knowles. Successfully represented buyer of pharmaceutical plant in multi-million dollar arbitration regarding cGMP compliance.
Quad Graphics/Cedarhurst Air Charter v. Waukesha County. Successfully represented client in a § 1983 claim against county-owned airport concerning rights of self-fueling. Maxim (Cargill Financial Services, Inc.) v. Goshen Fidelity. Prevailed in jury trial in financial services litigation where jury returned a high six figure verdict. House v. Strong Capital Management. Jury returned a no liability verdict on claims of negligence and breach of contract brought against mutual fund administrator by the widow of former investor. M&I Bank South Central v. Lofberg. Obtained an injunction precluding disposition of assets in connection with customer's conversion of funds, where bank was a victim of fraudulent transfer by depositor who deposited corporate funds into personal account and then later transferred such funds to a mutual fund. Federal Plaza Associates v. Canada Trustco and Chemical Bank. Obtained an injunction precluding draw on $3.5 million Letter of Credit. Merkt Cheese Company v. Zander Creamery. Prevailed at trial on food contamination claim with jury returning a seven figure plus verdict. Also prevailed in establishing insurance coverage under a defendant's general liability policy, where defendant's food product contaminated client's product.
Dawes Transport v. American Phoenix. Commercial arbitration in which client prevailed against computer software vendor and was awarded attorneys fees. Tower Sites, Inc. v. Town of Mt. Pleasant. Under the 1996 Telecommunications Act, prevailed at trial in obtaining a writ of mandamus compelling issuance of a conditional use permit in order for client to build a communications tower. Carrera v. IAM National Pension Fund. ERISA lawsuit in which prevailed at trial in obtaining for client his pension benefits and, in turn, was awarded attorneys fees.
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