Gass Weber Mullins, a Milwaukee-based twelve attorney trial law and litigation boutique firm, won three consecutive jury verdicts for its clients in million dollar cases across the USA in a six week span — from the Eastern-most Federal District Court in Maine, to the Western-most Federal District Court in Hawaii, and in a Wisconsin state court. Given most litigation is settled prior to trial, this group of consecutive jury trial wins by a single firm, in a forty day time period, is especially impressive.

“We pride ourselves on being able to provide small firm service while delivering big results. This string of victories demonstrates our success at doing both on a national scale,” said Managing Member Beth Hanan.

First, in a Portland, Maine federal court on November 10, 2011, Gass Weber Mullins lawyers Ralph Weber and Shawn Stevens won a unanimous jury verdict on indemnification claims for their client, a ground beef processor and seller. The client’s claims arose from a multi-state foodborne illness outbreak and the corresponding millions of dollars in personal injury claims. Weber and Stevens established the source of the outbreak, winning full indemnity for the client including attorney’s fees.

Next, in a Madison, Wisconsin state court on December 12, 2011, Gass Weber Mullins lawyers Brian Cahill and David Turek won a $1 million jury verdict for their client, a construction contractor in a major University of Wisconsin construction project. Cahill and Turek established their client’s contract was wrongfully terminated.

Finally, in a Honolulu, Hawaii federal court on December 19, 2011, Gass Weber Mullins lawyer Ric Gass secured a defense verdict on a two-pronged wrongful death claim against his client, the County of Maui. The claim sought over $1 million in damages under both a negligence claim and a sec. 1983 civil rights claim for alleged inadequate jailhouse care resulting in a prisoner’s death. Gass proved the County acted lawfully, winning dismissal of the claim.

“We are gratified to successfully represent our clients in these difficult cases. Whether they need to aggressively pursue or defend against a claim, clients choose Gass Weber Mullins for their most difficult challenges because of our proven ability to win cases in courtrooms across the country,” said Ralph Weber. “This string of victories for our clients is especially gratifying since so few cases actually make it to trial, and our twelve attorney firm supported these complex trials nearly simultaneously at the geographic extremes of our judicial system,” said Ric Gass.

Gass Weber Mullins is a Chambers USA and U.S. News top-tier, 12 attorney trial law firm based in Milwaukee, WI specializing in national-scale litigation. These results corroborate the firm’s selection by Corporate International Magazine as Wisconsin Litigation Law Firm of the Year.

Gass Weber Mullins lawyers Ralph Weber and Shawn Stevens recently won a jury verdict in Maine Federal Court.  After a two week trial, the jury agreed our client was entitled to full indemnity from its vendor, who sold meat containing eColi 0157:H7.  The verdict was selected as the “Verdict of the Month” by the Federal Jury Verdict Review.

Congratulations to Ralph Weber for his election to the Northwestern Mutual
Board of Trustees.

–Governor Walker announced today that Judge Michael Brennan has agreed to serve as Chairman of the Judicial Selection Advisory Committee.  The Judicial Selection Advisory Committee was created by Governor Walker’s Executive Order #29 to help guide his judicial selection process and ensure that judges of the highest caliber who share a commitment to the rule of law are selected to serve Wisconsin.

“A fair and impartial judicial system is vital to our government,” said Governor Scott Walker. “We rely on our judges to be true to the rule of law and to use their power to secure justice, protect property rights, and preserve liberty for Wisconsin citizens. I’m thrilled that Judge Brennan has agreed to help our state find the very best attorneys to serve in our judiciary.” 

“I thank Governor Walker for the honor and privilege to serve as chairman of the Judicial Selection Advisory Committee,” said Judge Michael Brennan. “Judicial selection deserves great attention because of the awesome power of the Third Branch of government. Because the exercise of that power depends on the person in the robe, the Judicial Selection Advisory Committee will be committed to finding the best Wisconsin attorneys to serve in our judiciary. We will help the Governor appoint as judges people who are faithful to the rule of law, and who embrace the proper role of the judiciary to interpret and not to make that law.” 

The JSOnline blog “Proof and Hearsay” also noted Brennan’s selection and additional information about the newly-created Judicial Selection Advisory Committee.

The Wisconsin Supreme Court announced recently that any Court of Appeals decision which has been overruled, even in part, no longer holds any precedential value unless the supreme court expressly states that it has left some portion intact.  Blum v. 1^st Auto & Casualty Ins. Co., 2010 WI 78, ¶ 56, 326 Wis. 2d 729, 786 N.W.2d 78.  This new rule will change long-standing appellate practice.  This new rule may mean a ‘net loss’ of useable precedent.

The court took up this question of procedure (and indirectly, substance) in an uninsured motorist coverage (UM) case.  The Blum court of appeals had relied in part on a decision which the supreme court had overruled fully, but which the court of appeals read to be overruled only in part.  2010 WI 78, ¶ 57.  Thus, under established jurisprudence, the earlier court of appeals decision seemed to retain some precedential value.

No more.  The supreme court determined that its own law-developing function would be ill-served by requiring it to address specifically every holding in a court of appeals decision to protect the coherence of the supreme court’s holding on a particular issue.  Id., ¶ 49.  Similarly, because the court of appeals is primarily error-correcting, its role should not include recognizing the precedential value of portions of published opinions that have been overruled.  Id., ¶ 50.  Creating a bright-line prohibition would seemingly lead to less confusion, and more efficient court operation.  Id., ¶ 53-54.

But the new “bright line” may have some shadows.  For instance, the three dissenters saw a difference between the Blum rule for “overruled” decisions, and the absence of such a rule (at least expressly) for a decision that is “reversed.”  Id., ¶ 91.  The rule implicitly may mean that “overruled” decisions no longer even hold persuasive value, see Wis. Stat. (Rule) § 809.23(3)(b), but that likely will be tested.  The dissent also lamented that the procedural issue should have been reached after soliciting input from Wisconsin judges and lawyers, via referral to the Wisconsin Judicial Council.  Id., ¶ 94.  Only counsel for Blum had argued for a new bright-line rule; neither counsel for the insurer nor the two amici took any position on the question. 

What is the practical effect?  First, there is an abundance of appellate decisions which have been partially overruled, and which now may not be cited as precedent.  In the last two years, for example, the supreme court itself relied on decisions which had been “overruled on other grounds.”[1]  Likewise the court of appeals, the circuit courts and many litigants have relied on discrete holdings in cases which were overruled in part.  Those practices will have to change.

But perhaps the change is only by a matter of degree.  The partially-overruled decisions apparently still may be cited for whatever persuasive value they retain.  In certain cases, petitioner-counsel may urge the supreme court to overrule only in part.  Time will tell whether the new Blum rule has eliminated confusion for the courts, improved judicial economy, or deprived litigants of useful authority which must be advocated for anew.

Congratulations to Shawn Stevens, selected as one of the 2011 “Forty Under 40” by the Milwaukee Business Journal.  Mr. Stevens is the fourth member of Gass Weber Mullins LLC to receive this award, joining past recipients Ralph Weber (1995), Michael Brennan (2001) and Amelia McCarthy (2006).

Mr. Stevens and our firm have created a nationally renowned food litigation practice.  For more information, please visit Defending Food Safety.