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.
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:
  • First-chaired damages and second-chaired liability to obtain unanimous verdict in favor of Volkswagen AG and Volkswagen Group of America, Inc., in a design defect case. The lawsuit arose out of a one-car rollover resulting in plaintiff’s ejection from the sunroof of her 1999 Volkswagen Jetta and subsequent paraplegia. After a three-week trial, the jury found that plaintiff had not met her burden of establishing that she was wearing her seat belt prior to the crash. Plaintiff sought $27 million in damages, but recovered $0.
  • 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, 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. The remainder of the case goes to trial in 2011.
  • 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 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 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.
  • Defended commercial eviction of car repair chain with 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 a 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. Currently serving as appellate counsel defending the multi million dollar judgment obtained at trial.
Professional Background
In 2010, Mr. Fiedler was included on the Rising Stars list, in the area of Business Litigation, by Wisconsin Super Lawyers magazine.

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 April 2009, Mr. Fiedler was re-elected to his second two-year term on the City Council of Muskego, Wisconsin, and was also elected as the Council’s President. Since 2007, he was three times elected to serve as the Council’s representative on the Plan Commission, and appointed to chair the Public Works Committee from 2008 to 2010. In 2006, Mr. Fiedler was appointed to the City of Muskego’s Board of Review, where he served as vice-chairman. Mr. Fiedler’s experience at the state level dates back to 2000, when then-Governor Tommy Thompson appointed him to the Lead Paint Technical Advisory Committee, which was instrumental in crafting a lead paint law for Wisconsin.

Mr. Fiedler joined Hinshaw & Culbertson LLP in August 2005 and has been practice law since 1995. Previously he was a litigation associate with Godfrey, Leibsle, Blackbourn & Howarth, S.C. in Elkhorn, Wisconsin.

He is a member of the Litigation and Real Estate Sections of the State Bar of Wisconsin.
Publications and Presentations
A selection of Mr. Fiedler’s presentations includes:
  • “Three Keys to a Successful Attorney/Client Relationship,” Muskego Area Chamber of Commerce, Muskego, Wisconsin, September 2010.
  • “Getting Your Lawyer Paid By Someone Else: Sweet Indemnification,” Association of Corporate Counsel – Wisconsin Chapter Annual Conference, Elkhart Lake, Wisconsin, May 2010.
  • “Does Your Inspection Agreement Hold Up?” International Association of Certified Home Inspectors – Wisconsin Chapter, Milwaukee, Wisconsin, May 2009.
  • “Avoiding Liability for Employment Claims,” Racine Unified School District, Racine, Wisconsin, February 2008.