Noah D. Fiedler

Practice Focus
Since 1995, Noah Fiedler has used his experience as the chief executive officer of a trade association and an elected official to assist corporations and public entities avoid litigation and prevail in complex disputes. Mr. Fiedler counsels clients on risk management and terminating commercial disputes through negotiation, mediation, arbitration or, if necessary, litigation.

Mr. Fiedler focuses his practice in commercial litigation matters, real estate litigation, insurance coverage disputes, general liability litigation and municipal regulatory, land use and planning issues. He also defends professionals accused of negligence.
Representative Cases
Mr. Fiedler is an experienced trial lawyer, having led or second-chaired more than 15 trials, with a 90 percent success rate. He has helped large corporations and other public entities such as cities and school districts achieve their business and organizational goals:
  • Defended numerous employment claims brought against Racine Unified School District, which annually educates approximately 21,000 students with 1,400 teachers and more than 100 administrators. Prevailed at both federal and state investigation and administrative hearing stages on discrimination, retaliation, and disparate impact complaints, effectively preventing litigation of all claims brought from 2005-2009.
  • In 2009, successfully defended of one of Wisconsin's leading worker's compensation attorneys against claims of professional negligence. Settled the $2 million-plus suit prior to Dane County Circuit Court trial.
  • In 2009, second-chaired the successful Milwaukee County Circuit Court trial defense of a renowned trauma surgeon accused of negligence after a laparotomy sponge was left inside a patient following surgery.
  • In the Eastern District of Wisconsin, defended a regional warehousing and transportation logistics company against allegations that it induced a breach of fiduciary duty and interference with multiple contracts. During 2008 and 2009, conducted dozens of depositions of third-parties in this approximately $2 million case, establishing the basis for a summary judgment motion and related motion to recover six-figure costs and fees.
  • Defended regional HVAC equipment supplier against claims of negligence and breach of contract in Waukesha County Circuit Court. Obtained reversal of default judgment and pretrial judgment dismissing the majority of plaintiff's claims. In 2008, settled the action for less than its cost of defense.
  • On behalf of subsidiary of a 6,000 employee industry leader in power plant technology and power generation, successfully sued a deep-hole drilling subcontractor when it failed to properly manufacture large-scale heat exchanger components. Obtained 2007 summary judgment in Washington County Circuit Court. 
  • Defended a leading global engineering and design firm against claims of negligence arising from the design and construction of a water intake and transmission main for a Wisconsin municipality. Prevailed on 2007 summary judgment against co-defendant construction company, preventing trial on $2 million-plus claim in Winnebago County Circuit Court. 
  • Defended Bergensons Property Services, Inc., a California-based leading national provider of superior maintenance, cleaning, and janitorial service to the retail, commercial, institutional, and hospital industries. Despite not meeting contract requirements, a subcontractor sought payment from Bergensons. Settled the contentious dispute in 2007.
  • Defended 2005 commercial eviction of car repair chain boasting approximately 60 locations nationwide. After bringing a motion to dismiss before the Kenosha County Circuit Court, settled the suit within two weeks, and negotiated the client's continued presence in Wisconsin.
  • Defended a global restaurant chain (280+ locations worldwide) in Milwaukee County Circuit Court litigation arising from food-borne illness outbreak that made headlines in Milwaukee. Settled the majority of the eight-figure case before trial, leaving only the restaurant chain's cross-claims to be tried.
  • Second-chaired the Western District of Wisconsin federal court trial of a constitutional challenge to the State of Wisconsin’s system of Medicaid administration. The Seventh Circuit’s appellate decision cleared the way for the client to attract new clients from throughout the United States, significantly increasing its revenue.
Professional Background
Mr. Fiedler joined Hinshaw & Culbertson LLP in August 2005. Previously he was a litigation associate with Godfrey, Leibsle, Blackbourn & Howarth, S.C. in Elkhorn, Wisconsin. Mr. Fiedler's also worked as an associate from 1996 to 1999 with the law firm of Murphy & Desmond, S.C., where he was one of four attorneys retained by then-Governor Tommy Thompson to draft implementation contracts for Wisconsin Works, the first welfare alternative program of its kind.

He is a member of the Litigation and Real Estate Sections of the State Bar of Wisconsin. Mr. Fiedler also participates as a member of the Commercial Litigation and Professional Liability Committees of the Defense Research Institute.

For three years, Mr. Fiedler served as chief executive officer of the Apartment Association of South Central Wisconsin. During his tenure, the Association grew to include three additional counties. Under Mr. Fiedler’s leadership, the Association successfully defeated multiple municipal, county and state legislative efforts that would have harmed member businesses, including a proposed ordinance that would have mandated participation by all rental property owners in the federal government’s Section 8 housing subsidy program.

Mr. Fiedler has extensive experience as an appointed and elected official in the State of Wisconsin. In 2000, Governor Tommy Thompson appointed him to the Lead Paint Technical Advisory Committee, which was instrumental in crafting a lead paint law for Wisconsin. In 2006, Mr. Fiedler was appointed to the City of Muskego's Board of Review, where he served as vice-chairman. In 2007, he was elected to the City Council of Muskego, Wisconsin, where he was three times elected to serve as the Council's representative on the Plan Commission, and appointed to chair the Public Works Committee in 2008. In April, 2009, Mr. Fiedler was re-elected to his second, two-year term on the City Council of Muskego, Wisconsin, and was also elected President of the Council.
Publications and Presentations
Mr. Fiedler’s presentations include:
  • “Tenant Defenses,” and “Significant Issues Specific to Commercial Leases,” Sterling Education Services, Milwaukee, Wisconsin, May 2007.
  • “The New Condominium Law and You,” Godfrey, Leibsle, Blackbourn & Howarth, S.C., 2005.
  • “Lead Paint, Mold, and Other Regulatory Nightmares,” American Association of Small Property Owners, 2002.
  • “Liability Protection and Business Entities,” American Association of Small Property Owners, 2002.
  • “Lead Paint Regulation in Wisconsin,” Apartment Association of South Central Wisconsin, 2001.
  • “Understanding Income Guidelines Regulation,” Apartment Association of South Central Wisconsin, 2001.