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Josh is a shareholder in Godfrey & Kahn's Product Liability and Tort Practice Group. He defends manufacturers in product liability actions involving personal injury, wrongful death and property damage. In addition to litigation, Josh works with manufacturers to assess and develop on-product warnings as well as instruction and user manuals for products. He also counsels manufacturers, distributors and retailers on regulatory compliance and recall issues, including the Consumer Product Safety Act and its numerous state counterparts. Josh has defended and counseled clients on matters involving adhesives, all-terrain vehicles, automobiles, building products, laundry and cleaning chemicals, clothing, fasteners, furniture, motorcycles, pneumatic tools, personal watercraft, respirators, snowmobiles, toys and vehicle accessories. Josh's insurance practice includes traditional insurance defense and coverage litigation as well as representing clients on regulatory and litigation matters involving insurance company insolvency and insurance guaranty funds. Josh is a member of the Defense Research Institute and the Litigation and Products Liability Sections of the American Bar Association. He received his B.A. from Luther College, his M.A. from Iowa State University, and his J.D., with high distinction, from the University of Iowa. Josh is licensed to practice in all the state and federal courts of Iowa, Minnesota and Wisconsin, as well as the United States Court of Appeals for the Seventh Circuit. Representative Matters
Schwoegler v. American Family Financial Services, W.D.Wis., (May 16, 2006: Claim against lender dismissed based on Rooker-Feldman doctrine). Frankenmuth Insurance Co., et al. v. Design Electric, Inc., et al. Dane County Circuit Court Case No. 03-CV-1048 (allegation of defective wiring in commercial installation leading to fire-defense verdict on November 1, 2005). Samuel Fleischman v. Illinois Tool Works Inc., Polk County Circuit Court Case No. 03-CV-54 (allegation of defective design in pneumatic nailer-defense verdict: August 5, 2005).
Kohn v. Darlington Community Schools & Illinois Tool Works, 686 N.W.2nd 455 (Wis. 2005) (July 1, 2005: Wisconsin Supreme Court upheld summary judgment in favor of defendant manufacturer on grounds of statute of repose for improvements to real property). Spacesaver Corp. v. Kevin Carmody, Dane County Circuit Court Case No. 2002-CV-3535 (August 4, 2004: Jury verdict against former executive for misappropriating company's confidential information).
Kenneth Betts M.D. v. Affiliated Medical Center, Rock County Circuit Court Case No. 02-CV-1441 (March 29, 2004: summary judgment declaring physician's restrictive covenant invalid).
William Macey v. Illinois Insurance Guaranty Fund, et al, U.S. District Court for the Western District of Texas, Austin Division (February 24, 2004: Dismissal of guaranty fund and its executive director from civil RICO action based on lack of personal jurisdiction). WEA Insurance Corp. v. Office of the Commissioner of Insurance, Dane County Circuit Court Case No. 02-CV-1654 (March 24, 2003: Reversing Insurance Commissioner's decision regarding legality of operation of insurance pool) Jimenez v. Madison Area Tech. Coll., 321 F.3d 652, 658 (7th Cir.2003) (Affirming District Court's dismissal of action and frivolousness sanctions against plaintiff's counsel) Murray v. Ecolab, U.S. District Court for the Northern District of New York (June 22, 2001: Summary judgment in favor of product manufacturer in chemical injury product liability case)
Publications
"Fair Warning"
In Business
August 20, 2007
"Consumer Product Safety Commission Proposes More Stringent Regulation of Imports and Recalls"
August 03, 2007
"Godfrey & Kahn Product Liability and Tort Practice Brochure"
June 08, 2007
"Danger of Hot Beverage is Open and Obvious: Failure to Warn Not Negligent According to Wisconsin Court of Appeals" April 03, 2006
"Governor Doyle Vetoes Liability-Reform Legislation"
January 16, 2006
"Recent State Supreme Court Rulings Could Impact Wisconsin Product Liability Law"
August 01, 2005
"Federal Class Action Reform Enacted"
March 04, 2005
Seminars & Events
Managing Product Liability Risk in the U.S. Marketplace
Council of Great Lakes Governors' Forum on Chinese Trade & Investment in the Great Lakes Region - May 14, 2007
Electronic Record Management in a Digital Discovery Age
LaFollette Godfrey & Kahn Spring Seminar Series - Mar 17, 2004.
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