Jeffrey S. Fertl

Practice Focus
Jeffrey Fertl has wide-ranging trial and appellate litigation practice. He has handled numerous commercial and personal injury cases, and has substantial experience in the handling of products liability and warranty matters.

Mr. Fertl has represented Subaru, Mitsubishi and Mitsubishi Heavy Industries, Volvo, Mack Trucks, Black & Decker, General Electric, Mazda, Porsche, Gulf Stream Coach, Link Belt, Hubbell, Inc. and other major manufacturers in commercial and product liability litigation. His involvement spans all stages of a case, including trial, mediation and appellate proceedings.
Representative Cases
Among Mr. Fertl’s major reported appellate cases are:
  • Garcia v. Mazda, Appeal No. 02-2260, related to Wisconsin lemon law.
  • Wischer v. MHIA, Appeal No. 01-0724, 01-1031, 01-2486 (2005), various trial and appellate proceedings related to punitive damages.
  • Berends v. Mack Trucks, Wis. App. 69 (Ct. App. 2002), related to lemon law.
  • Hughes v. Chrysler, 197 Wis. 2d 974, 542 N.W.2d 148 (1996), related to lemon law.
  • Dykema v. V.W., 525 N.W.2d 754 (Wis. App. 1994), product liability federal preemption matter.
  • Maskrey v. V.W., 125 Wis. 2d 145, 370 N.W.2d 815 (1985), 6-week trial, related to automobile enhanced injury law.
  • Waters v. Mainus, 124 Wis. 2d 275, 369 N.W.2d 755 (1985), related to landowner’s duty of care.
  • Krueger v. Mitchell, 112 Wis. 2d 88, 332 N.W.2d 733 (1983), related to airport as public nuisance.

His other representative trial and appellate work includes:
  • Bailey v. Isuzu, (2004), 1-week trial involving product liability claim.
  • Thompson v. Choice One Communication, (Spring 2005), 1-week trial.
  • Horan v. Polaris, (2004), 1-week trial involving snowmobile product liability claim.
  • Spenner v. Opus North, (2004), 2-week trial involving premises liability.
  • Loertscher v. Uniroyal (unpublished appellate opinion in the Wisconsin Court of Appeals, 1997).  
  • Dykema v. Volkswagen (Summer 1992), 10-week trial involving product liability claim.
  • Foster v. American Motors, (1988), 6-week product liability trial.
  • Chaulk v. Volkswagen of America, 808 F.2d 639 (7th Cir. 1986), 4-week trial.
  • Masterson v. Jeep/AMC (unpublished appellate opinion in the Wisconsin Circuit Court of Appeals, 1986), 4-week trial.
  • Lieungh & Foxcroft v. AMC (unpublished appellate opinion in the Wisconsin Circuit Court of Appeals, 1986), 4-week trial.

Mr. Fertl has also served as counsel in various fraud trials for Special Investigation Units of insurance companies.
Professional Background
Mr. Fertl joined Hinshaw & Culbertson LLP in June 1988. He is a past co-leader of the firm’s Products Liability Practice Group.

Mr. Fertl holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability. He is a current member of the Civil Trial Counsel of Wisconsin’s Amicus Curiae Committee, which selects amicus cases of significance to the defense bar and insurance industry. Mr. Fertl is also a member of the Product Liability Advisory Council, an organization primarily composed of Fortune 500 companies.

His other professional affiliations include the Litigation & Torts and Insurance Practice Sections of the Defense Research Institute, the State Bar of Wisconsin and the Wisconsin Civil Trial Counsel.
Publications and Presentations
Mr. Fertl is a co-author of “Minnesota Supreme Court Decision Impacts Liability Exposure,” published in the December 2009 issue of Legal Insights, a publication of Chartis Insurance.