Carlos A. Ortiz

Practice Focus
Carlos Ortiz is a litigator who focuses his practice in the areas of consumer, employment, commercial, class action and complex bodily injury-related litigation. He has successfully tried both jury and bench trials, and has prevailed on a number of dispositive motions that he prepared and argued. Mr. Ortiz litigates cases in jurisdictions across the country, as well as before various administrative bodies, and practices in federal and state court. He handles all phases of litigation, from developing a cost-effective and results-oriented case strategy, to taking depositions of lay and expert witnesses, drafting dispositive motions and memoranda, alternative dispute resolution, trial and appellate work. He is licensed to practice law in both Illinois and Wisconsin.

In the consumer, commercial and class action litigation arena, Mr. Ortiz frequently defends against claims arising from the application of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Truth-in-Lending Act (TILA), Illinois Collection Agency Act, Illinois Consumer Fraud and Deceptive Business Practices Act, Wisconsin Consumer Act, as well as various state and federal consumer and mortgage-related laws. His clients in this area include businesses, corporate entities, mortgage lenders and servicers, creditors, asset purchases and third-party debt collectors. Mr. Ortiz also is experienced in handling fraud, trade secret and breach of contract and warranty cases.

With respect to employment and complex bodily injury-related litigation, Mr. Ortiz often represents employers in lawsuits alleging claims involving harassment and discrimination, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), wrongful discharge, and various other state and federal employment statutes. He also handles claims involving enforcement of restrictive covenants, and has successfully obtained temporary restraining orders and injunctions. Mr. Ortiz counsels employers on risk management and compliance issues. He has extensive experience in defending against workers’ compensation claims, and also handles immigration issues.

Mr. Ortiz’s practice has also included the defense of professionals in the context of medical, legal and accounting malpractice claims. He has litigated insurance coverage issues, as well as construction contractual disputes. Mr. Ortiz also provides business counseling and has handled incorporation and general contract matters. He is experienced in product liability and transportation litigation.
Representative Cases
Mr. Ortiz’s representative cases include:
  • Felde v. Town of Brookfield et al., 570 F.Supp.2d 1070 (E.D. Wis. 2008) – obtained summary judgment on behalf of municipality and municipal employees involving wrongful discharge and constitutional related claims.
  • Aaron, et al. v. Wisconsin Injured Patients and Families Compensation Fund, 04-CV-9012 (Milwaukee County Circuit Court) – successfully obtained defense verdict after jury trial involving medical malpractice claim.
  • Killian v. Arby Construction, Inc., 06-012386 (Worker’s Compensation Division, Wisconsin Department of Workforce Development) – obtained dismissal of workers’ compensation claim.
  • Dudley v. Erin East, Inc., 06-028119 (Worker’s Compensation Division, Wisconsin Department of Workforce Development) – obtained decision in favor of respondent-employer following arbitration of unreasonable refusal to rehire claim.
  • Williams v. Asset Acceptance, 06-20316 (Milwaukee County Circuit Court) – successfully obtained defense verdict after bench trial involving consumer related claims.
  • Cordell v. State Central Credit Union, 2005 WL 3536094 (E.D. Wis. 2005) – obtained summary judgment on behalf of employer involving FLSA and wrongful discharge claims.
  • Jones v. Zeuger, et al., 04-5037 (Milwaukee County Circuit Court) – successfully obtained defense verdict after jury trial involving auto and personal injury related claims).
  • Wollor v. Placon Corp., 04-03402 (Equal Rights Division, Wisconsin Department of Workforce Development) (Affirmed, Wisconsin Labor and Industry Review Commission, July 27, 2007) – obtained decision in favor of employer after arbitration of discrimination and wrongful discharge claims.
  • Bocskor v. Mazda Motor of America Inc., 04-0316 (Outagamie County Circuit Court) – obtained summary judgment on behalf of manufacturer involving product liability/lemon law claim.
  • Snapp v. Rivera MD, et al., 03-6612 (Milwaukee County Circuit Court) – obtained summary judgment on behalf of physician involving medical malpractice claim.
Professional Background
Mr. Ortiz joined Hinshaw & Culbertson LLP as an associate in August 2004. Previously he was a summer associate with the firm in 2003.

During law school, Mr. Ortiz was a law clerk at Wickwire Gavin, in Madison, Wisconsin, where he prepared dispositive motions involving negligence, breach of warranty and construction-related claims. In addition, he was a summer associate in the legal department at Edward Kraemer and Sons Construction Company in Plain, Wisconsin, where he prepared summary judgment briefs in defense of ADA, Title VII and wrongful termination claims, as well as managed and developed strategy for defense of workers’ compensation claims. Mr. Ortiz also assisted with employee training and counseling on compliance issues.

In addition to his other law school accomplishments, Mr. Ortiz was selected to join the Moot Court Board. He was a member of the Dean’s List, and was elected president of the Latino Law Students Association. Mr. Ortiz received the G. Young Excellence in Service Award (2003) and obtained the highest grades of his class in equal employment law and constitutional law. He was awarded a full tuition merit scholarship to attend the University of Wisconsin Law School.

In 2001, Mr. Ortiz was a summer intern with State Farm Mutual Insurance Co., where he worked as a fire claims representative, investigating, analyzing, negotiating and settling complex property claims. Mr. Ortiz also was a project engineer summer intern with Walsh Construction Company in Chicago from June 1995 to January 2001.

Mr. Ortiz graduated with honors from St. Ignatius College Prep in Chicago.

Mr. Ortiz is a past president (2009 - 2010) of the Wisconsin Hispanic Lawyers Association. In 2009, he was selected by the Wisconsin Law Journal as an “Up and Coming Lawyer” for 2009. Mr. Ortiz is a member of the Defense Research Institute, Association of Credit and Collection Professionals and the American Immigration Lawyers Association.

He speaks Spanish fluently.
Publications and Presentations
Mr. Ortiz’s publications include:
  • “Ethical Considerations for Attorneys Presented by Insurance Guidelines that Govern Representation of an Insured,” co-authored with Hinshaw partner, Russell A. Klingaman, Insurer’s Duty to Defend: A Compendium of State Law – 2005, Defense Research Institute, 2005.
  • "The United Nations and its Double Standard," 22 WIILJ 393 (2004), Wisconsin International Law Journal, Spring 2004.
  • "Limits in Medical Malpractice: Defending Against Wrongful Birth and Wrongful Life Claims," co-authored with Hinshaw attorney Michael Malone, For the Defense, Defense Research Institute, October 2003.
Community Service Activities
Mr. Ortiz has contributed to the Mexican Fiesta organization in Milwaukee. He has also worked with community high school mock trial programs throughout Southeastern Wisconsin.
Languages
Spanish