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1 309 N Water Street, Suite 700 Milwaukee, Wisconsin Telephone: (414) www. gwmlaw.com Direct Dial: (414) brennan@gwmlaw.com Michael Brennan joined Gass Weber Mullins LLC in December He tries cases and handles appeals in federal and state courts, primarily in the area of commercial litigation. He is also a mediator and a AAA certified arbitrator. Brennan returned to private practice with the firm after serving 9 years as a judge on the Milwaukee County Circuit Court where he presided over nearly 300 trials and thousands of motions. He was the presiding judge of the Civil Division of that court. In 2005 he was affirmed more often than any other judge in the State of Wisconsin. He continues to serve as a reserve judge in Wisconsin. Brennan has published more than 50 articles on federal practice and procedure, criminal sentencing, and other topics in a variety of law reviews, newspapers, and other periodicals including The Wall Street Journal, Milwaukee Journal Sentinel, National Review, New Republic, Wisconsin Lawyer, and the Illinois Bar Journal. Those articles have been cited numerous times in the Wisconsin Statutes, various legal treatises, and other law review articles. He has also given more than 60 speeches and continuing legal and judicial educational presentations throughout Wisconsin and surrounding states. Brennan obtained his Bachelor of Arts cum laude from the University of Notre Dame, and graduated from Northwestern University School of Law where he served as an editor on the law review and was the moot court champion. He served as a law clerk to the late Chief Judge Robert Warren of the U.S. District Court for the Eastern District of Wisconsin,
2 and as a law clerk to Judge Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit. Brennan also served as an Assistant District Attorney in the Milwaukee County District Attorney s office where he prosecuted felony and misdemeanor cases and first-chaired approximately 50 trials. During this time he was also staff counsel to a committee that rewrote Wisconsin s statutes to implement Truth-in-Sentencing. In 2002 The Milwaukee Business Journal named Brennan one of its 40 under 40 professional leaders. He received a special Commendation from the U.S. Department of Justice for his service as a member of the National Advisory Committee on Violence Against Women. He also served as a public member of the Wisconsin Legislative Council s Special Committee on Crimes against Children. 2
3 Selected Publications: Top 8 Recent Wisconsin Federal Court Decisions, 88 Wisconsin Lawyer No. 11, p. 44 (Dec. 2015). Top 10 Recent Wisconsin Federal Court Decisions, 87 Wisconsin Lawyer No. 11, p. 32 (Dec. 2014). Trial After Action Reviews, 55 For the Defense No. 8, p. 28 (August 2013) (with Ric Gass). Top 9 Recent Wisconsin Federal Court Decisions, 85 Wisconsin Lawyer No. 11, p. 6 (cover story) (Nov. 2012). Act Alters Rules for Removal of Civil Cases to Federal Court, WisBar Inside Track (March 24, 2012). Top 8 Recent Wisconsin Federal Court Decisions, 84 Wisconsin Lawyer No. 11 p. 6 (cover story) (Nov. 2011). The Pendulum Swings: No More Early Release, 84 Wisconsin Lawyer No. 9 p. 4 (cover story) (Sept. 2011). Significant Wisconsin Federal Decisions, 83 Wisconsin Lawyer No. 10 (Oct. 2010). The Value of Appellate Moot Courts, 5 Defense Research Institute In-House Quarterly No. 3, p. 31 (Summer 2010). The Law and Politics are Two Different Things, The Milwaukee Journal Sentinel (June 26, 2010). Significant Wisconsin Federal Decisions, 82 Wisconsin Lawyer No. 9 (Sept. 2009). Remarks at the Presentation of the Portrait of the Honorable Robert W. Warren, 230 F. Supp. 2d XXXIX, XLIX (2003). Fully Implementing Truth-in-Sentencing, 75 Wisconsin Lawyer No. 11, p. 10 (Nov. 2002) (with Thomas Hammer and Donald Latorraca). Truth-in-Sentencing Comes to Wisconsin, 73 Wisconsin Lawyer No. 5, p. 14 (May 2000) (with Donald Latorraca). Appellate Review Before Final Judgment In Federal District Court, 86 Illinois Bar Journal No. 2, p. 88 (Feb. 1998). New Amendments to Federal Rules of Civil Procedure and Federal Rules of Evidence, 70 Wisconsin Lawyer No. 11, p. 8 (Nov. 1997). Book Review O Connor s Federal Rules Civil Trials 1996, 69 Wisconsin Lawyer No. 12, p. 36 (Dec. 1996). Federal Courts Improvement Act of 1996 Affects Key Areas of Practice, 69 Wisconsin Lawyer No. 12, p. 8 (Dec. 1996). The Bar Against Federal Appellate Review of a District Court s Remand of a Case, 69 Wisconsin Lawyer No. 8, p. 16 (Aug. 1996). Post-Trial Traps for the Unwary, 68 Wisconsin Lawyer No. 12, p. 20 (Dec. 1995). Bridging the Gap : Removing A Case From State To Federal Court, 68 Wisconsin Lawyer No. 10, p. 14 (Oct. 1995). Amendments to the Federal Rules of Civil Procedure, 65 Wisconsin Lawyer No. 3, p. 17 (March 1992). Okure v. Owens: Choosing Among Personal Injury Statutes of Limitations for 1983, 82 Northwestern University Law Review 1306 (Fall 1988). 3
4 Appeals: Rowe v. Gibson, No , U.S.C.A. for the 7th Cir., petition for rehearing en banc, (denied on tie vote, with clarifying order). Daniel Williamson, et al. v. Stephen C. Mills, et al., No. 2012AP2349, 2013 WL (Wisconsin Court of Appeals, District II) (affirmed trial court decision granting summary judgment on claims of breach of contract and fiduciary duties). Estate of Nicholas D. Rice, et al. v. Correctional Medical Services, Inc., et al., 675 F.3d 650 (7th Cir. 2012) (affirming in part and reversing in part and remanding). Schotz, et al. v. Indianapolis Life Ins. Co., et al., 2012 WI App 11, 338 Wis. 2d 485, 808 N.W.2d 742, 2011 WL (Wisconsin Court of Appeals, District 1) (affirmed trial court decision dismissing complaint for failing to plead negligent misrepresentation claims with particularity). Domingo Martinez, Jr. v. Genevieve Martinez, 64 So.3d 1271, 2010 WL (Florida Court of Appeals, Second District) (2010) (affirmed trial court decisions to grant defendant s motion to allow presentation of evidence at jury trial, and to deny plaintiff s motion for summary judgment). Karlin v. Foust, 975 F. Supp (W.D. Wis. 1997), aff d in part, rev d in part, 188 F.3d 446 (7th Cir.), reh g en banc denied 198 F.3d 620 (1999) (judgment, which found most provisions of Wisconsin abortion informed consent statute constitutional, was affirmed except the district court s holding that the fetal heartbeat provision imposed an unconstitutional burden was reversed). Edwards v. Great-West Life Ins. Co., 20 F.3d 748 (7th Cir.), cert. denied 115 S. Ct. 424 (1994) (reversed lower court s judgment, which had found in favor of plaintiff, wife of insured, in plaintiff s claim for death benefits from defendant insurer under ERISA because phrase actively at work meant that employee had to be at work or capable of performing his job on the day insurance was to begin, not in a coma; appeals court remanded with directions to dismiss the action). U.S. Oil Inc. v. City of Fond du Lac, 199 Wis. 2d 333, 544 N.W. 2d 589 (Ct. App. 1996) (municipal ordinance designed to limit teenage tobacco use required cigarettes to pass through retailer s hands before customer got possession. In a retailer s action, trial court entered judgment declaring ordinance void as preempted by state law. Appeals court affirmed finding that regulating tobacco distribution was matter of statewide concern. ) Stein v. Illinois State Assistance Comm n, 194 Wis. 2d 775, 535 N.W. 2d 101 (Ct. App. 1995) (money loaned to borrower through a guaranteed student loan program; dispute arose as to whether borrower had satisfied loan obligation; borrower sought default judgment, which trial court granted, but appeals court reversed). McCarthy v. State Elections Board, 166 Wis. 2d 481, 480 N.W.2d 241 (1992) (court granted writ of mandamus directing Board to place certain names on the ballots of political parties in the presidential primary). 4
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