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Michael B. Apfeld, a shareholder and a member of the firm's Litigation Practice Group in Milwaukee, has dedicated the majority of his practice to civil appeals since 1985. He has appeared before the Wisconsin Supreme Court, all four districts of the Wisconsin Court of Appeals, the United States Court of Appeals for the Seventh Circuit, and the Illinois Appellate Court. Mike also appears before the state and federal trial courts of Wisconsin, Cook County, and the Northern District of Illinois, as well as various administrative agencies. Mike's experience before these tribunals has covered a wide range of subjects, including contracts, commercial law, insurance coverage, trade regulations, corporate and partnership control and succession, construction disputes, environmental law, business torts, estates and trusts, and intellectual property. Mike is one of the co-authors of Apfeld, et al., Contract Law in Wisconsin (Wis. Bar 2d ed. 2002), and has written and spoken on a number of topics, including appellate practice, legal ethics and conflicts, hostile takeovers, and products liability. From time to time, Mike has served as an adjunct professor at Marquette University Law School. Mike graduated summa cum laude from the University of Notre Dame as valedictorian of his class, and was awarded his Juris Doctor with honors from the Northwestern University School of Law, where he was a member of the Northwestern Law Review. He joined Godfrey & Kahn, S.C. in 1982, after working for several years for a Chicago law firm. He is admitted to practice in both Wisconsin and Illinois.
Representative Matters
Digicorp, Inc. v. Ameritech Corp., Appeal Nos. 01-1833 and 01-2258 (Wis. Ct. App. June 11, 2002), pet. for rev. granted September 26, 2002, argued January 23, 2003 (existence, elements, and application of so-called "fraud exception" to the economic loss doctrine)
Columbia Propane, L.P. v. Wisconsin Gas Co., 2002 WI App. 9, 250 Wis. 2d 582, 640 N.W.2d 819, pet. for rev. granted April 22, 2002, argued January 15, 2003 (liability of successor corporation for environmental contamination of predecessor)
Kopke v. A. Hartrodt S.R.L., 2001 WI 99, 245 Wis. 2d 396, 629 N.W.2d 662, cert. denied 534 U.S. 1079 (2002) (constitutionality of exercising long-arm jurisdiction over foreign manpower service)
Beer Capitol Distributing, Inc. v. Guinness Bass Import Co., 290 F.3d 877 (7th Cir. 2002) (entitlement of terminated beer distributor to quasi-contractual relief)
Edison Liquor Corp. v. United Distillers & Vintners, Inc., 2002 WI App. 34 (unpublished) (entitlement of terminated liquor distributor to protection of the Wisconsin Fair Dealership Law)
Guzman v. St. Francis Hosp., 2001 WI App. 21, 240 Wis. 2d 559, 623 N.W.2d 776 (constitutionality of legislative "cap" on noneconomic damages in medical malpractice action)
Rich Products Corp. v. Kemutec, Inc., 241 F.3d 915 (7th Cir. 2001) (application of economic loss doctrine to various commercial torts arising out of major product recall)
Wisconsin Patients Compensation Fund v. Physicians Insurance Company of Wisconsin, Appeal No. 00-505 (Wis. Ct. App. 2001) (liability of primary insurer to statutory excess carrier for bad faith refusal to settle)
Long v. Ardestani, 2001 WI App. 46, 241 Wis. 2d 498, 624 N.W.2d 405 (defining right of divorced parent to travel with children to country of birth)
James Cape & Sons Co. v. Paul H. Schwendener, et al., Appeal No. 98-2345 (Wis. Ct. App. 2000) (claim for "extras" on fixed price excavation contract)
Wisconsin Patients Compensation Fund v. Physicians Insurance Company of Wisconsin, 2000 WI App. 248, 239 Wis. 2d 360, 620 N.W.2d 457 (duty of primary insurer to defend statutory excess carrier)
- Murphy, et al. v. MCC, Inc., et al., Appeal No. 98-1322 (Wis. Ct. App. 1999) (construction of appraisal provision in stockholders agreement)
Kamke v. DCI Marketing, Inc., Appeal No. 98-2253 (Wis. Ct. App. 1999) (construction of at-will employment agreement)
Brown v. Dibbell, 227 Wis. 2d 28, 595 N.W.2d 358 (1999) (amicus curiae) (availability of contributory negligence as a defense in an "informed consent" medical malpractice claim)
Diversified Investments Corp. v. Regent Insurance Co., App. No. 98-2461 (Wis. Ct. App. 1999) (insurance coverage for trademark and trade dress infringement)
Neptuno Treuhand-und Verwaltungsgesellschaft mbH v. Patrick Arbor et al., 295 Ill. App. 3d 567, 229 Ill. Dec. 823, 692 N.E.2d 812 (Ill. Ct. App. 1999) (duty to disclose adverse facts in employment recommendation)
Gillen, et al. v. City of Neenah, et al., 219 Wis. 2d 806, 580 N.W.2d 628 (1998) (propriety of private recycling facility on land impressed with "public trust")
Admitted to Practice
Illinois
Wisconsin - 1979
Court Admissions
United States District Courts for the Eastern & Western Districts of Wisconsin, and various other District Courts
United States Court of Appeals for the Seventh Circuit
Education
Juris Doctor, Northwestern University School of Law, with honors
Bachelor of Arts, University of Notre Dame, summa cum laude, Valedictorian.
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