Brian Cahill is a senior attorney with Gass Weber Mullins and was one of the founding members of the firm.
Mr. Cahill practices in the area of civil trial law, with his primary areas of practice in commercial and personal injury litigation. His practice includes cases in Wisconsin state and federal courts as well as a variety of jurisdictions outside of Wisconsin. Mr. Cahill is admitted to practice in the State of Wisconsin, the Federal District Courts for the Eastern and Western Districts of Wisconsin and the Northern District of Indiana, and the Federal Courts of Appeal for the Fifth and Seventh Circuits.
Mr. Cahill has been recognized and ranked by the influential Chambers Guide-USA® for his work in commercial litigation. In the guide he is described as “very hard-working and smart” and “noted for his strength in construction, commercial, personal injury and product liability trials.” Mr. Cahill has an AV® Preeminent peer rating from Martindale Hubbell®. Since 2013, Mr. Cahill has been listed in Best Lawyers® for the following three practice areas: Commercial Litigation, Construction Litigation, and Product Liability Litigation – Defendants. In each year since 2007, he has been listed as a Wisconsin Super Lawyer®. He has been elected to membership in the Federation of Defense & Corporate Counsel, a limited membership organization for defense and corporate counsel. Mr. Cahill is a Fellow in the Litigation Counsel of America, an honorary trial lawyer association, and he is a charter member of the LCA’s Trial Law Institute.
Mr. Cahill returned to private practice in February 2004 with the founding of Gass Weber Mullins. Before that time he served as Vice President and Associate General Counsel for Racine-based CNH America LLC, the U.S.A. company resulting from the merger of New Holland N.V. and Case Corporation in 1999. Mr. Cahill had served as in-house counsel for Case Corporation for five years prior to that merger. CNH is one of the largest agricultural and construction equipment companies in the world. Mr. Cahill and his CNH staff were responsible for the company’s North American legal affairs, including substantial product liability and commercial litigation, mergers and acquisitions, real estate and environmental matters, protection of the company’s intellectual property, and all legal matters affecting the company’s financial services affiliates. Prior to joining Case Corporation, Mr. Cahill was a trial lawyer with a Milwaukee, Wisconsin litigation boutique, where his primary areas of practice were commercial and employment litigation.
Mr. Cahill obtained his Bachelor of Arts, magna cum laude, from Marquette University. He earned his law degree, magna cum laude, from Marquette University Law School, where he was a Thomas More Scholar and Max Schoetz Scholar. He also was a member of the National Moot Court Team, earned seven American Jurisprudence Awards, and earned the Law Alumni Award for the highest academic average of his class.
Previously, Mr. Cahill served as a member of the Board of Directors of the Waukesha YMCA. Until 2007, Mr. Cahill served nearly ten years as a member of the City of Waukesha Police and Fire Commission, including two years as president of that citizen board. In addition to his memberships in various bar and professional associations, Mr. Cahill is past president of the St. Thomas More Lawyers Society.
Kate Campbell has represented clients in a wide array of complex litigation and advisory matters, including class actions, labor and employment litigation, SEC enforcement actions and investigations, real estate disputes, and copyright, trademark and intellectual property matters.
Prior to joining Gass Weber Mullins LLC, Ms. Campbell practiced in the litigation departments of top firms in Washington, D.C., Chicago, Illinois, and Los Angeles, California. Ms. Campbell has extensive experience in deceptive trade practice claims, the Lanham Act and the False Claims Act. She has represented a major U.S. defense contractor and several national and multinational manufacturers of consumer products. She also has experience in product liability cases, including representing a large medical device manufacturer in numerous matters.
Ms. Campbell is a graduate of the University of Southern California School of Law and earned a Bachelor of Arts in Economics from Pomona College. While a student at USC School of Law, she was the Executive Senior Editor of the Southern California Law Review. She was also a judicial extern for the Honorable Stephen Hillman of the U S. District Court, Central District of California, and Vice President of the Women’s Law Association.
Ms. Campbell is licensed to practice law in Wisconsin, Illinois, California, the District of Columbia and Virginia.
Frantz Destin Jr.
Frantz Destin Jr. represents individuals and companies in a wide array of complex litigation matters in both state and federal court. Currently, his practice focuses on cases involving premises liability, products liability, medical malpractice, and wrongful death claims. His experience encompasses handling and managing cases from the filing of initial pleadings through trial.
In the past, Mr. Destin has successfully represented clients in contract, employment, misappropriation of image, defamation, commercial and marine property, construction, and environmental cleanup disputes. For example, he obtained a summary judgment on behalf of an insurer in a $1.5 million breach of contract case in the United States District Court for the Southern District of Florida. He has also been involved in various appeals and briefed cases in Florida’s District Courts of Appeal.
In addition to his litigation practice, Mr. Destin is active in several bar associations, including the Haitian Lawyers Association, American Bar Association, and American Bankruptcy Institute. He serves the broader community by representing clients pro bono as part of the Miami-Dade Public Defender’s Ensuring Equal Justice initiative. He also volunteers for Little Haiti Football Club.
Mr. Destin earned a Bachelor of Business Administration in Economics from the University of Georgia and a Juris Doctorate from the University of Miami School of Law. As a law student, he interned with the Office of the United States Trustee. He also served as a Certified Legal Intern in the Bankruptcy Court for the Southern District of Florida, where he represented debtors and creditors in bankruptcy proceedings. He was awarded the Book Award and the Pro Bono Certificate for his work in the University of Miami’s Health Rights Clinic.
Mr. Destin is admitted to practice in the States of Florida and Massachusetts, the Federal District Court for the Southern District of Florida, and the Federal District Court for the Middle District of Florida. He is fluent in Haitian Creole, French, and Spanish.
People may have heard of the Maltese Falcon. Joseph M. Fasi II is not the Falcon, but he is from the Island of Malta and speaks the language fluently. We like that he also speaks fluently to jurors in trial having honed his craft as a trial attorney throughout the United States. Joe has been recognized by his peers, clients and judges as a “go-to” trial lawyer.
“I grade Joe very high, in the A+ range.”
“He is a very skilled trial lawyer.”
(for other evaluations/comments see quote section)
Mr. Fasi represents self-insured corporations and insurers as a National Trial Counsel. He has tried over 100 jury trials with numerous defense verdicts.
Mr. Fasi has been a first chair trial lawyer in product liability, medical product liability and pharmaceutical defense, defense of nursing homes and assisted living facilities, food contamination issues, professional and medical malpractice defense. He serves as first chair trial counsel in tobacco trials in the Florida Engle Progeny cases .
Mr. Fasi is a Fellow of the Litigation Counsel of America, The Trial Lawyer Honorary Society, where he is a member of the Trial Law Institute and Diversity Law institute. He has also been elected to membership in the Federation of Defense & Corporate Counsel and is a member of the Defense Research Institute where he served on the Board of Directors. He enjoys an AV Preeminent Peer-Review rating by Martindale Hubbell. In 2013 he was selected as a “Leader in the Law” by the Wisconsin Business Journal. Mr. Fasi was also selected as a “2013 Wisconsin Top Rated Lawyer” based on his peer ratings. He was also elected as a Class of 2013 Fellow of the Wisconsin Law Foundation, an honorary program recognizing members of the profession who are known by their peers for high achievements in their profession and outstanding contributions for the advancement an improvement of the administration of justice.
He has been selected to the Best Lawyers in America and has been recognized by his peers as both a Wisconsin Super Lawyer (every year since 2005) and a Florida Super Lawyer.
In 2015, Mr. Fasi was named a “Legal Lion of the Week” by Law 360 for his defense verdict in a three-week tobacco trial in Miami. He has also been board certified as a Civil Trial Advocate by the American Board of Trial Advocacy.
Mr. Fasi is active in the Miami community and is a member of the Board of Directors of the Peacemakers Project Miami, which is dedicated to changing the lives of children in need throughout Greater Miami. He has also received awards for his Pro Bono Work in both Florida and Wisconsin and named by the Wisconsin Access to Justice Commission and the State Bar of Wisconsin as a member of the 2013 Wisconsin Pro Bono Honor Society. He has also served as Chairman of the Board of Big Brothers/Big Sisters.
Mr. Fasi has a B.A. degree from Marquette University with a major in Philosophy. At Marquette, he was selected as “The Outstanding Senior of the College of Liberal Arts” by the faculty and deans of the College of Liberal Arts. He received an M.A. with Honors from Seattle University. His J.D. degree is from Stetson University College of Law, where he was the Notes and Comments Editor for the Stetson Law Review and was a member of the National Mock Trial Team. He is admitted to practice in all State and Federal Courts in Wisconsin and Florida and has tried cases in multiple states Pro Hac Vice. He is also admitted to the Seventh Circuit Court of Appeals and the United States Supreme Court.
Mr. Fasi is a frequent lecturer and author on legal issues and trial techniques and tactics nationally. He also taught and coached at Marquette University High School and Tampa Jesuit High School before attending law school. Mr. Fasi was a member of the broadcast team for the Tampa Bay Buccaneers from 1980- 1989 and hosted a Sports Talk show.
- “Joe is very skilled, comfortable in the courtroom and adapts quickly.” – General Counsel of a Major Corporation.
- “Mr. Fasi is one of our very best national trial attorneys. He is a terrific trial lawyer who actually goes to trial on a regular basis. You will enjoy working with him.” – Vice President of Claims of a Major Insurance Company.
- “Your closing argument was absolutely fabulous—very powerful, very compelling and persuasive. You tried a great case and we very much recognize it and appreciate it.” – General Counsel of International Corporation.
- “I’ve been very satisfied with his results. Our cases are very difficult to win and can result in very large verdicts. He has achieved excellent results for us.” – Assistant General Counsel of a Major US corporation.
- “I’ve crossed paths with a lot of folks that fancy themselves to be leaders just by virtue of being in the top position on a team, but you are among the true leaders in our field. You clearly understand the importance of the big picture as a trial attorney, but you also understand the importance of the little things. You know how to lead your team to get the most out of them.” – Trial Attorney and current Major in the United States Army with two tours of duty in Afghanistan.
- “Joe is one of those attorneys with whom I need not memorialize our conversations or agreements. He represents his clients vigorously, but always with integrity and honesty.” – Plaintiff counsel recommendation to Trial Lawyer Organization.
- “When Joe gives his word, one can count on him carrying it out. I think what is equally important is that he understands the importance of civility in dealing with opposing counsel, while still representing his clients to the fullest extent.” – Plaintiff counsel recommendation.
- “Joe’s competence is beyond question and he is a gregarious guy with good common sense who connects will with juries and all kinds of people. That has made him very effective for us.” – Senior Claims Examiner for International Nursing Home Company.
- “Joe is always trying to better himself—a very good quality.” – Vice President and Assistant General Counsel
- “Joe is very client oriented.” Vice President and General Counsel
- “You certainly told a good story in closing—fantastic job.” – Opposing counsel Florida
- “Your resounding win despite the challenges you faced simply underscores the quality and power of your advocacy.” – Opposing Counsel following defense verdict Federal Court Wisconsin 2010.
- “I was immediately impressed not only with his ability to try a complicated case but also his warm personality and great sense of humor. He is held in high esteem by my colleagues and our Chief Judge called Mr. Fasi one of his favorite defense counsel.” – Milwaukee County Circuit Court Judge.
- “The best defense attorney to appear in my courtroom.” – Wisconsin Circuit Court Judge
- “Mr. Fasi handled the most complex cases that require a blend of judgment, skill and persuasion. While I don’t always agree with him, I respect his judgment and decisions. He is the consummate professional.” – Plaintiff counsel
- “I like Joe’s attitude. I want people I enjoy working with and Joe is a pleasure to work with.” – General Counsel for Product Manufacturer.
- “ Attorney Fasi tried a complicated two-week trial in front of me. He also handled numerous pre and post-trial motions involving issues of law that had never been addressed.” – Wisconsin Circuit Judge 2015
- “Plaintiff counsel should have dismissed Mr. Fasi and his client, if they had, they stood a better chance of winning the case against his co-counsel.” – Wisconsin Circuit Court Judge.
- “Joe is one of those attorneys with whom I need not memorialize our conversations or agreements. He represents his clients vigorously, but always with integrity and honesty.” – Plaintiff counsel recommendation to Trial Lawyer Organization.
- “When Joe gives his word, one can count on him carrying it out. I think what is equally important is that he understands the importance of civility in dealing with opposing counsel, while still representing his clients to the fullest extent.” – Plaintiff counsel recommendation
- Miller v Culligan
- 2017 – Waukesha County, Wisconsin Circuit Court: 1-week Medical Malpractice Jury Trial
- Freeman v PMUSA
- 2017 – Alachua County, Florida Circuit Court: 2-week Tobacco Jury Trial (Mistrial after verdict)
- Lillge v Nute
- 2017 – Milwaukee County, Wisconsin Circuit Court: 1-week Medical Malpractice Jury Trial
- In Re Engle Progeny-Santoro
- 2017 – Broward County, Florida Circuit Court: 3-week Tobacco Jury Trial
- Stoewsand v Shaw
- 2016 – Monroe County, Wisconsin Circuit Court: 1-week Medical Malpractice Jury Trial
- Morales v RJ Reynolds
- 2016 – Miami Dade County, Florida Circuit Court: 2-week Tobacco Jury Trial
- Cabrera v Wal-Mart Stores
- 2016 – U.S. District Court for the Southern District of Florida: 3 day Premises Liability Jury Trial
- In Re Engle Progeny-Tognoli
- 2015 – Broward County, Florida Circuit Court: 3-week Tobacco Jury Trial
- Suarez v. PMUSA
- 2015 – Miami Dade County, Florida Circuit Court: 3-week Tobacco Jury Trial
- Carter v. Wapelhorst
- 2015 – Scott County, Iowa Circuit Court: 1-week Medical Malpractice Jury Trial
- Private, Confidential Arbitration
- 2015 – Miami, Florida Private Arbitration: 2-day Product Liability Arbitration
- Lourie v PMUSA and RJ Reynolds
- 2014 – Hillsborough County, Florida Circuit Court: 3-week Tobacco Jury Trial
- Private, Confidential Arbitration
- 2014 – Miami, Florida Private Arbitration: 2-day Premises Liability/Negligent Security/Rape Arbitration.
- Gierach v. Rotter
- 2014 – Ozaukee County, Wisconsin Circuit Court: 1-week Medical Malpractice Jury Trial
- Ruffo v PMUSA
- 2013 – Miami Dade County, Florida Circuit Court: 3-week Tobacco Jury Trial
- Private, Confidential Arbitration
- 2013 – Milwaukee, Wisconsin Private Arbitration: 1-week Nursing Home Negligence/Wrongful Death Arbitration
- Lindow v Kobylinski
- 2012 – Sheboygan County, Wisconsin Circuit Court: 1-week Medical Malpractice Jury Trial
- Tullo v. PMUSA, RJ Reynolds, Lorillard Tobacco, Liggett Tobacco
- 2011 – Palm Beach County, Florida Circuit Court: 3-week Tobacco Jury Trial
- Mosby v Silberschmidt
- 2010 – U.S. District Court for the Western District of Wisconsin: 1-week Civil Rights/Dental Malpractice Jury Trial
- Lord v Schneckloth
- 2010 – Winnebago County, Wisconsin Circuit Court: 1-week Medical Malpractice Jury Trial
- Newcomb v Electrolux
- 2010 – U.S. District Court for the Western District of Wisconsin: 1-week Product Liability Jury Trial
- Waters v Lenz
- 2010 – Fond du Lac County, Wisconsin Circuit Court: 2-day Breach of Contract/Unjust Enrichment Trial
- The Hard Work of Sitting- The Thinking Trial Lawyer
- The Care and Feeding of the Claim File
- R-E-S-P-E-C-T: Find out what it means to a Jury
- Who is for You and Against You: Drawing out Plaintiff and Defense Jurors
- Telling a Story: Opening Statement – The Key to Victory.
- Opening Statements in the age of Millennials
- Jury Selection: How to discover and protect “Your” jurors.
- Deep Tissue Injuries: Using the Science to Educate the Jury
- Trial by Fire: Dealing with Ugly Facts
- Avoid Slaps in Your Facebook: How to Mitigate Social Medial Risks
- Food Safety Issues-The New Darling of the Plaintiff Bar
- Get Your Facebook out of MySpace-The Risks and Rewards of Social Media
- The International Health Care Debate at Home and Abroad
- The Sophisticated User Defense in Product Liability and Premises Liability Cases
- Diversity in a Downturn – Keeping Your Diverse Attorneys through Tough Economic Times
- Take it Back…Or We’ll See You in Court – Dealing with FDA Potential or Ordered Recalls
- The Preemption Wheel Turns – Thoughts on Wyeth v Levine.
John Franke became a member of Gass Weber Mullins LLC in 2009, after 21 years as a circuit judge for Milwaukee County. His current practice includes trial and appellate work in a wide variety of civil litigation, with an emphasis on products liability and other personal injury litigation in Wisconsin and in venues around the country. He also serves a mediator in a broad range of commercial and other civil litigation.
As a judge, Mr. Franke handled a wide range of civil and criminal cases, including many complex products liability claims, medical malpractice cases, class actions and insurance coverage disputes. During his judicial career, Mr. Franke presided over more than 650 jury trials, including 35 criminal homicide cases.
Since leaving the bench, Mr. Franke served, on a pro bono basis, as a Special Prosecutor responsible for the inquest into the death of Derrick Williams in police custody. In 2014, he was appointed by Governor Scott Walker to serve on the Government Accountability Board, the state agency charged with the administration and enforcement of Wisconsin’s elections, campaign finance and ethics laws.
Before his judicial career, Mr. Franke spent 10 years with the United States Department of Justice, first in the Western District to Wisconsin prosecuting complex white collar crime and handling hundreds of land condemnation cases essential to the creation of the Apostle Islands National Lakeshore and the St. Croix Scenic River Way, work that led to a series of successful jury trials and earned him a special commendation from the National Park Service. Franke then assumed responsibility for the Department’s Organized Crime Section in Milwaukee, serving as the lead prosecutor in the successful racketeering and extortion trials against organized crime figures from Milwaukee and New York.
Mr. Franke attended Wesleyan University in Middletown, Connecticut, graduating magna cum laude and Phi Beta Kappa in 1973. He earned his law degree from the University of Wisconsin, graduating cum laude in 1977.
J. Ric Gass
Ric Gass is one of the founding members of Gass Weber Mullins and has been recognized for his talents as a preeminent trial lawyer by being selected as one of the Top 100 Trial Lawyers in North America by Benchmark Litigation.
Mr. Gass serves as both national trial and supervising counsel for a number of insurers and self-insured corporations. While Ric has tried cases in nearly every civil substantive area, his areas of concentration include cases involving catastrophic injuries, products liability, and bad faith.
Ric’s practice is nationwide with cases that have spanned the country from Florida to Hawaii. He has tried almost 300 cases to verdict, mostly defending corporations and insurers. Mr. Gass also represents corporations and insurers as plaintiffs, and in that role, he secured the largest jury verdict in the history of the State of Wisconsin: $104.5 million.
Ric is a Fellow and 2012 President of the Litigation Counsel of America and serves on the LCA Advisory Board. He has been elected to the rank of Diplomat in the American Board of Trial Advocates and has been elected as a Fellow in both the American College of Trial Lawyers and the International Society of Barristers. He has also been elected to membership in the Federation of Defense & Corporate Counsel and the International Association of Defense Counsel and is a member of the Defense Research Institute. Ric is a past President of both the Federation and Lawyers For Civil Justice. He has been AV rated by Martindale Hubbell for over 20 years.
Mr. Gass is a past Wisconsin State Chairman and member of the Board of Directors of the Defense Research Institute and a past member of the Board of Governors for the Wisconsin Health Care Liability Insurance Plan. He has been listed in The Best Lawyers in America for over a decade and included in the prestigious international lawyer reference guide Chamber’s Guide-USA. He has also been listed as a Master of The Bench in the American Inns of Court. He has been board certified as a Civil Trial Advocate by the National Board of Trial Advocacy and holds the rank of Senior Counsel in The American College of Barristers.
In 2005, Ric was recognized by his peers as a Wisconsin Super Lawyer and been added to the Wisconsin Super Lawyers list each year since, has been listed as one of the Best of the U.S.’s “Best Class” service providers in the United States and was an initial inductee to the Wisconsin Leaders of the Law.
Mr. Gass has a B.S. degree from the University of Wisconsin-Stevens Point, with a major in Chemistry and minors in Education and Mathematics. His J.D. degree is from Marquette University Law School, cum laude, 1970 (Thomas More Scholar). He is admitted to practice in all state and federal courts in Wisconsin and has been admitted pro hac vice to practice in more than thirty state and federal courts. He is also admitted before the Court of Appeals for the Seventh Circuit and the United States Supreme Court. He has also been an adjunct Associate Professor of Law at Marquette University Law School, lecturing from 1977 to 1988 in Trial Practice, Basic and Advanced Evidence.
Mr. Gass is a national legal speaker on trial practice topics, including Winning At Trial, Handling Sympathy in Jury Trials and Handling Catastrophic Injury Cases. He is frequently a keynote speaker for state and national defense organizations. Ric has published over 28 articles and book chapters on trial techniques and tactics and has given over 225 invited presentations. He also is asked frequently to provide expert testimony on bad faith, legal malpractice, and insurance issues.
- “Trial bar legend.” – Chambers USA
- “The best civil trial lawyer I know.” – General Counsel of a major US insurer
- A “personality the jury wants to listen to.” – Chambers USA
- “The man can talk to juries.” – Milwaukee Magazine
- “It is entirely true, Ric, that learning about your work and how you think about cases has been one of the greatest pleasures and benefits of the LCA for me. The term ‘master craftsman’ comes to mind.” – Fellow of the Litigation Counsel of America
- “I have long said that working for you was the most formidable component of my legal education and that I will forever be deeply thankful for having the experience. The professionalism, communication skills, analytical foundation and substantive knowledge that are critical elements of my portfolio may all be traced back to the time that I spent learning from one of the very best.” – Former associate and now circuit court judge
- “Saw that great story about you in Super Lawyers. You were the best lawyer who appeared in my court. That trial with you is my all-time favorite. Proud of your phenomenal success.” – Wisconsin Circuit Court Judge, retd.
- “Ric Gass is one of a few lawyers who can take his facts and beat you with them, or trade facts with you and beat you with your facts.”
- There are superstars in the law & there are megastars. Ric Gass is a megastar. A true mentor of the art of advocacy whose cutting edge approaches are ahead of the curve. Ric is without a doubt a lawyer’s lawyer.” – LCA Fall Meeting
- “The A-Team of trials…approach is a template for how persuasion should be accomplished.” – LCA Fellow
- “Brilliant trial attorney.” – Chambers USA
- Highly experienced; Noted for his strength in product liability and catastrophic injury litigation. – Chambers USA
- Well-respected; Recently represented the County of Maui in $1 million death in custody case defense verdict. – Chambers USA
- “Strategy-minded” approach; Develops a timetable and will see it through to completion. – Chambers USA
- Excellent reputation in insurance defense matters; Specialist areas include product liability, trucking injuries and catastrophic injuries; Recently won defense verdict for Coca-Cola in a $22 million claim; Praised for his “excellent trial presence.” – Chambers USA
- Serves as national trial and supervising counsel; Regularly handles high-stakes catastrophic injury cases. – Chambers USA
- A go-to lawyer for insurance defense; “He is probably The most innovative trial attorney I have ever encountered.” – Chambers USA
- Fellow (28 years) – American College of Trial Lawyers
- Fellow (31 years) – International Society of Barristers
- Wisconsin Super Lawyer (2005-2018)
- President (1998-1999) – Federation of Defense & Corporate Counsel
- Diplomate (30 years) – American Board of Trial Advocates
- Best Lawyers in America (21 years)
- President (2003) – Lawyers for Civil Justice
- President (2012) – Litigation Counsel of America
- Cross Examination – The Four P’s and Five Basic ‘Rules’
- For The Defense – Attacking Damages – Part 1 – For the Defense, March 2003
- For The Defense – Attacking Damages – Part 2 – For the Defense, April 2003
- For The Defense – Attacking Damages – Part 3 – For the Defense, May 2003
- What Do Monica Lewinsky and Bill Clinton Have To Do With Trial Presentation
- Trying Cases Visually
- The Essence of Trying Cases
- The Problem With Having Really Good Plaintiff Cases
- Trial ‘After Action Reviews’
- Wisconsin SuperLawyers Q&A – Trial Dog
Tamar Kelber is the managing member of the firm. Ms. Kelber became a member in July 2015. Prior to joining the firm, Ms. Kelber was a partner at Sidley Austin LLP in Chicago, Illinois for 13 years, and an associate at Sidley for seven years. Her practice focuses on mass tort litigation, including individual cases in multiple jurisdictions across the country, and national coordination and defense of pharmaceutical and other product liability cases. Her experience spans a variety of areas including consumer products, plasma derivatives, cholesterol lowering drugs, antipsychotics, antithrombotics, and other pharmaceuticals and biologics. She has a range of experience coordinating multi-jurisdictional multi-plaintiff litigation and defense of individual single-plaintiff cases and leads all aspects of litigation from pretrial discovery through fact and expert witness development, trial and appeal in both state and federal courts. She also counsels clients on the prevention and reduction of product liability risks before litigation. She has authored publications on topics ranging from transnational issues in product liability to Qui Tam litigation.
Tamar graduated with a B.A. in Sociology and Psychology, with honors, from the University of Wisconsin in 1991 and received her Juris Doctor degree from Northwestern University School of Law in 1994, where she was Associate Articles Editor of the Northwestern Law Review. After graduating law school, she clerked for the Honorable James B. Loken, U.S. Court of Appeals for the Eighth Circuit.
Tamar is co-chair of the ABA Pharmaceutical, Medical Device and Biotech Product Liability Subcommittee, and chaired the ABA Current Issues in Pharmaceutical and Medical Device Litigation Seminar in 2013 and 2014. She is a member of the International Association of Defense Counsel, the Defense Research Institute, and the ABA Women in Product Liability Committee.
Tamar serves the broader community in a variety of ways. For example, she is a member of the Board of Directors and Secretary of the Board for Onward Neighborhood House, a settlement house in two Chicago neighborhoods, where she works on counseling, governance and fundraising issues. Additionally, she serves on the Board of Visitors for the Department of Psychology at the University of Wisconsin-Madison.
- Trial counsel in multi-week bench trial involving claims brought by hepatitis C-infected plaintiffs against biologics manufacturers, which resulted in judgment for the defendants.
- Trial counsel in six bench trials that were tried simultaneously in state court in Louisiana. The cases involved claims brought by or on behalf of HIV-infected hemophiliacs. The evidence was heard over the course of several months, and the court ultimately ruled that all six cases were barred by the applicable statute of limitations.
- Representing Armour Pharmaceutical Company in a bellwether jury trial that involved claims brought by the parents of a deceased hemophiliac who was infected with the AIDS virus allegedly as a result of his use of an anti-hemophilic factor concentrate processed by various pharmaceutical companies, including Armour. The trial lasted nearly four months, and the jury returned a verdict in favor of Armour.
- Prevailing in the Northern District of Illinois and in the Seventh Circuit on forum non conveniens motions to dismiss claims of plaintiffs from Argentina, England and Israel.
- Obtaining dismissal and affirmance on appeal of medical malpractice action against Loyola University Health Systems in Illinois state court, arguing the case before the Illinois Appellate Court and Illinois Supreme Court.
Multi-District Case Management
- Coordination of the defense of a pharmaceutical product liability defendant in multi-year federal multi-district litigation and related litigation in extra-US jurisdictions.
- Implementing the settlement of claims of 2,600 product liability plaintiff from 30 different countries.
- Cross examining pharmaceutical plaintiffs’ FDA expert and representing AstraZeneca at an evidentiary and summary judgment hearing which resulted in summary judgment for AstraZeneca on the adequacy of the defendants’ labeling, and a holding that plaintiff’s expert’s testimony on medical matters was unreliable and not admissible.
- Challenging plaintiffs’ expert evidence and obtaining summary judgment in several pharmaceutical product liability cases.
- Obtaining Summary Judgment for Schering Corporation in a case brought on behalf of the estate of a deceased plaintiff who was administered anti-platelet aggregation agents prior to his death.
- Defeating worldwide class certification motion in federal MDL litigation.
Daniel Kennedy represents individuals and businesses in a wide variety of civil litigation matters, including products liability, professional negligence, insurance coverage disputes, personal injury, securities litigation, and general commercial litigation. Mr. Kennedy is licensed to practice in Wisconsin and Illinois and has experience in civil trial and appellate work in federal and state courts.
Mr. Kennedy also regularly serves as local counsel in the United States District Court for the Eastern District of Wisconsin. In addition, Mr. Kennedy maintains an active pro bono practice and has represented clients pro bono in criminal post-conviction, civil rights, immigration and ERISA matters. In 2012, Mr. Kennedy was listed as a “Rising Star” in Wisconsin Super Lawyers magazine.
Before joining Gass Weber Mullins, Mr. Kennedy served as a law clerk to the Honorable Barbara B. Crabb of the United States District Court for the Western District of Wisconsin and later practiced in the Chicago office of Jenner & Block, LLP.
Mr. Kennedy obtained his undergraduate degree from the University of Illinois and his law degree summa cum laude from the University of Illinois College of Law. While in law school, Mr. Kennedy served on the editorial board of the University of Illinois Law Review and was a member of the Order of the Coif.
Mr. Kennedy is admitted to practice in the United States District Court for the Northern District of Illinois, the United States District Court for the Eastern District of Wisconsin, the United States District Court for the Western District of Wisconsin, and the United States Court of Appeals for the Seventh Circuit. He is also a member of the American Bar Association, the Milwaukee Bar Association and the Eastern District of Wisconsin Bar Association.
Mr. Kennedy’s trial experience includes:
- representing a manufacturer in a one-week product liability trial in a Wisconsin federal court;
- working with another attorney at Gass Weber Mullins to conduct an evidentiary hearing which resulted in the dismissal of all claims against a foreign manufacturer in a multi-million dollar construction case;
- working with two attorneys at Gass Weber Mullins to prepare for and conduct an evidentiary hearing which resulted in the granting of a preliminary injunction in favor of a manufacturer in a false advertising case; and
- representing an individual in a three-day product liability trial in a Wisconsin state court.
Mr. Kennedy’s appellate experience includes authoring or contributing to appellate briefs in cases before the Wisconsin Court of Appeals, the Wisconsin Supreme Court and the United States Court of Appeals for the Seventh Circuit, including:
- obtaining dismissals of negligence and other tort claims against a corporate client and then successfully defending those dismissals on appeal.
- co-authoring an amicus brief in an insurance coverage dispute involving the scope of a pollution exclusion clause;
- successfully defending on appeal the dismissal of tort claims for lack of subject matter jurisdiction in federal court.
Daniel Manna has represented clients in many areas of civil litigation, including securities litigation, construction law, products liability, federal and state consumer law, insurance coverage disputes, statutory health care privacy law, state and federal civil rights, and general commercial litigation.
Mr. Manna has successfully represented some of America’s largest companies in both state and federal civil litigation and private arbitration. Mr. Manna has represented clients locally and nationwide, including helping to defeat class certification in a securities fraud action in Nevada, winning summary judgment for a Fortune 50 client in a personal injury matter in Wisconsin, and winning summary judgment for an information technology client accused of violations of statutory confidentiality rules and invasion of privacy. Mr. Manna’s practice includes appellate work, and he has helped secure victories in both the Wisconsin Court of Appeals and the Supreme Court of Wisconsin.
Mr. Manna is a co-author of the Wisconsin chapter of the Tort Law Desk Reference, a fifty-state survey published by Wolters Kluwer Law and Business.
Mr. Manna received his Juris Doctorate from Columbia Law School, where he was a three-time Harlan Fiske Stone scholar and active participant in various moot court and mock trial programs. Mr. Manna received his undergraduate degree in Finance, Investment, and Banking from the University of Wisconsin – Madison School of Business.
Mr. Manna is admitted to practice in Wisconsin state courts and in the United States District Courts for the Eastern and Western Districts of Wisconsin.
Linda Vogt Meagher
Linda Vogt Meagher is a lawyer who has represented clients in courtrooms throughout the State of Wisconsin. She is experienced in representing both the plaintiffs and defense sides of a case, which provides her with a unique skill set that allows her to critically analyze and approach a case. Ms. Meagher is also well versed in appellate practice and has argued before both the Wisconsin Supreme Court and the Seventh Circuit Federal Court of Appeals.
Ms. Meagher’s defense practice includes a wide range of cases, including personal injury cases involving automobile accidents, general liability, premise liability, wrongful death, and products liability. Her health law experience includes professional malpractice (medical, dental, nursing, chiropractic, podiatrist, pharmacy, etc), nursing home neglect, and HIPAA. She has experience representing other professionals in malpractice lawsuits, such as attorneys, engineers and architects. Moreover, she has experience in commercial litigation and insurance coverage disputes.
She is an AV® Preeminent Peer Review Rated attorney by Martindale-Hubbell. Ms. Meagher has been selected for inclusion on the Wisconsin Super Lawyers® list for 2011-2018 and was named to the Top 25 Women Wisconsin Super Lawyers list in 2011-2018. She was also honored as a Wisconsin Law Journal recipient of the 2011 Women in the Law award. She and her sister were featured in the cover story in the Wisconsin Super Lawyer Magazine in November of 2015. She is also a fellow of the prestigious Litigation Counsel of America, which is a trial lawyer honorary society composed of less than half of one percent of American Lawyers. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.
Ms. Meagher is admitted to practice in Wisconsin circuit and appellate courts. She is also admitted to practice before the federal courts of Wisconsin, and the 7th Circuit court of appeals, as well as the US Supreme Court.
Stephen Trigg has represented clients in a wide variety of civil litigation matters in both state and federal courts, including cases involving complex financial transactions, shareholder class actions, and breach of contract disputes. In addition, he regularly defends financial institutions from claims arising under the Fair Debt Collections Practices Act, the Wisconsin Consumer Act, and other consumer protection laws. Mr. Trigg also has significant experience with personal injury litigation, defending parties from truck accident and other negligence based claims.
Prior to joining Gass Weber Mullins LLC, Mr. Trigg practiced with Paul Hastings LLP in New York City. At that firm, he represented multiple companies and their boards of directors in shareholder disputes alleging breaches of fiduciary duties and securities law violations. He also represented some of the world’s biggest financial institutions in litigation resulting from the credit crisis.
Mr. Trigg is admitted to practice in New York and Wisconsin, and the United States District Courts for the Southern and Eastern Districts of New York, and the Eastern and Western Districts of Wisconsin. He is also a member of the American Bar Association.
Mr. Trigg obtained his undergraduate degree cum laude from the University of Wisconsin-Madison, and his law degree from the University of Minnesota Law School, where he graduated magna cum laude and was a member of the Order of the Coif. While at Minnesota, Mr. Trigg was a member of the Journal of International Law and worked as a student attorney at the Multi-Profession Business Law Clinic. In the clinic, he counseled clients on business formation and incorporation issues and drafted form contracts for new businesses.
David Turek has extensive experience in complex civil litigation. He has tried cases in front of juries and judges, focusing primarily on business disputes and high-stakes injury cases. For example, in December 2017, he successfully defended a severe burn injury case where the plaintiff asked the jury to award over $38 million.
Mr. Turek handles a wide-variety of cases. In commercial litigation, Mr. Turek focuses on non-compete claims, insurance disputes, and construction litigation. Mr. Turek also has significant experience with personal injury litigation, often defending trucking companies, product manufacturers, and other businesses in Wisconsin and other venues across the country (most recently in Missouri, Oklahoma, Nevada, and Pennsylvania).
Mr. Turek has received an AV® Preeminent peer rating for professional excellence from Martindale Hubbell. Mr. Turek has also been named a Wisconsin Super Lawyer or Rising Star each year since 2007. In its 2018 edition, Benchmark Litigation named Mr. Turek a “future star” and highlighted his work in a contentious non-compete case in federal court. He is a Senior Fellow in the Litigation Counsel of America and a charter member of the LCA’s Trial Law Institute.
Mr. Turek authored the Wisconsin chapter of the DRI’s Excess and Umbrella Insurance State-by-State Compendium, the “Wrongful Death” chapter in the Wisconsin Bar Association’s Law of Damages in Wisconsin, and the Wisconsin chapter of the Tort Law Desk Reference. In addition to these writings, Mr. Turek is regularly invited to speak to fellow lawyers about trial practice and other subjects, such as the economic loss doctrine, damages, and federal civil procedure.
Mr. Turek received his undergraduate degree magna cum laude from Carthage College. Mr. Turek then earned his law degree summa cum laude from Marquette University Law School, where he was Senior Articles Editor of the Marquette Law Review.
- Defended damages portion of one of Wisconsin’s most significant personal injury trials from 2017. The plaintiff suffered third- and fourth-degree burns to more than 70% of his body as a result of a lawnmower fire, incurring more than $3 million in past medical expenses. Mr. Turek became involved in the case less than 60 days before the start of trial. After the Plaintiff asked for more than $38 million in closing (including $20 million in punitive damages), the jury declined to award punitive damages and awarded compensatory damages close to those suggested by Mr. Turek. Coupled with a negligible apportionment of fault, the ultimate verdict resulted in Mr. Turek’s client paying no additional money to Plaintiff as a result of the trial.
- Secured the prompt dismissal of a trust’s claims against a large, national life insurance company for making distributions to an allegedly unscrupulous trustee. The trust did not appeal the federal judge’s decision granting the life insurer’s motion to dismiss. Kriete Family Insurance Trust v. Pacific Life Insurance Company, 2017 WL 3273580 (E.D. Wis. 2017).
- Obtained summary judgment for a spine product company in a contentious non-compete dispute with one of its largest competitors. The competitor sought more than $10 million in damages, but the federal court determined there was no merit to the tortious interference and unfair competition claims. Biomet Spine, LLC v. Stryker Spine, 2016 WL 5793680 (E.D. Wis. 2016).
- Worked as co-counsel with a large, national firm to pursue legal and actuarial malpractice claims arising from an $82 million ERISA class action settlement. The case involved multiple, complex issues on statute of limitations, professional liability, cause, and damages, plus intricate technical information surrounding cash balance pension plans. Mr. Turek’s client resolved the case through multiple settlements in advance of trial.
- Earned summary judgment in favor of a large home builder by enforcing a contractual limitation against specific performance of the sale of land. In March 2016, the Wisconsin Court of Appeals affirmed the judgment in favor of Mr. Turek’s client. Key v. William Ryan Homes, Inc., Appeal No. 15-AP-490.
- Secured a preliminary injunction against proceedings initiated by the Lac du Flambeau tribe in their tribal court arising from the Tribe’s $50 million bond issuance. The Seventh Circuit’s decision resolves several nationally-watched issues of tribal court jurisdiction. Stifel, Nicolaus & Co., Inc. v. Lac du Flambeau Band of Lake Superior Chippewa Indians, 807 F.3d 184, 204-05 (7th Cir. 2015).
- Secured a $1 million-plus jury verdict for a subcontractor improperly terminated from a construction project. The Wisconsin Court of Appeals affirmed the jury’s award in Henshue Construction, Inc. v. Terra Engineering & Construction Corp., 2013 WI App 84.
- Won summary judgment based on Wisconsin’s recreational immunity statute against a paraplegic injured while riding on a bicycle trail.
- Obtained a temporary restraining order that prevented a former employee from using trade secrets and other pilfered information for a new, competitive financial institution.
- Worked with a trial team to obtain a defense verdict in a pedestrian-truck accident where the plaintiff sought in excess of $22 million in damages.
- Convinced a district court that an insurer should not be automatically responsible for a judgment if the insurer breaches its duty to defend. Johnson Outdoors, Inc. v. General Star Indemnity Co. (E.D. Wis. 2009), available at 2009 WL 4043104.
Antar K. Vaughan joined the firm as a member in March 2016, and currently concentrates his practice in the areas of civil trial law, insurance defense, commercial litigation defense, and intellectual property (copyrights and trademarks). His practice includes handling cases in Florida Federal and State Courts. He is admitted to practice in the States of Florida and New York, the Federal District Court of the Southern District of Florida, the Federal District Court of the Middle District of Florida, and the Federal Court of Appeal for the Eleventh Circuit.
Mr. Vaughan attended the University of Virginia and received his Bachelor of Arts degree in Psychology in the Spring of 1997. After working as a paralegal with a law firm in Richmond, VA, he enrolled in the University of Miami School of Law and obtained his J.D. in the Spring of 2001 (cum laude). While in law school, he was a member of the Moot Court Board; Vice-President of the Black Law Students Association; Vice-Chair of the Student Bar Senate; a member of Omicron Delta Kappa (National Leadership Honor Society); and a member of Alpha Epsilon Lambda (Graduate Honor Society). After graduation from law school, Mr. Vaughan worked with the one of the then largest firms in Florida (Ruden McClosky et al.); while there, he concentrated his practice in civil litigation defense. Mr. Vaughan eventually relocated to New York and began practicing with a boutique litigation defense firm that handled products liability defense and medical malpractice defense matters. While at the New York firm, he worked primarily with the products liability defense division and worked on several asbestos litigation trials in New York.
Prior to joining Gass Weber Mullins, Mr. Vaughan was a partner in a boutique complex commercial litigation defense firm in South Florida that concentrated heavily on banking litigation and related issues.
Ralph A. Weber is one of the founding members of Gass Weber Mullins, a national trial litigation law firm recognized by the National Law Journal on its national “Hot List” of boutique firms.
Mr. Weber is a member of the American College of Trial Lawyers, which is recognized as the leading trial lawyers organization in the United States and Canada. The prestigious international lawyer reference, Chambers Guide-USA, identifies Mr. Weber as a top commercial litigator. As quoted therein, his clients and peers describe him as “very thoughtful, top-notch and outstanding,” they admire his “command of a courtroom” and note “He is the calm in a storm.” He also has been recognized by his peers for many years through selection to Best Lawyers in America, and he has been listed in Best of the U.S. as one of the “Best of Class” service providers in the United States. The Wisconsin Law Journal honored Mr. Weber in 2014 as a “Leader in the Law.”
Mr. Weber has represented clients in several of Wisconsin’s highest profile lawsuits over the past several decades. He and his colleagues won a $50 million verdict for a commercial client, which verdict was the second largest of its type nationally and number 45 of the Top 100 Verdicts of 2012 per the National Law Journal and Verdict Search. Mr. Weber won a multi-million dollar verdict in Portland, Maine for a food processor whose supplier sold it adulterated product. A few examples of his other multi-week trials include: civil rights/school desegregation (30 parties, 15 weeks), construction site negligence and product liability (Milwaukee Brewers’ Stadium crane collapse, 7 weeks), accounting malpractice (5 weeks), product liability-agricultural equipment (5 weeks), tortious interference/defamation (4 weeks) and chemical exposure (2 weeks). His appellate experience includes multiple oral arguments before the Wisconsin Supreme Court and intermediate appellate courts.
In addition to a full legal practice and serving as a Marquette Law School adjunct Trial Advocacy Professor (where he has taught Trial Advocacy for 20 years), Mr. Weber has been active as a community supporter. He has founded and worked with several educational, charitable and nonprofit groups, including the Marquette University National Alumni Board, the Board of the Wisconsin Conservatory of Music, the Marquette University College of Arts & Sciences Alumni Board, and the FC Milwaukee Soccer Club.
Mr. Weber serves as a member of the Northwestern Mutual Board of Trustees, the Board of the Wisconsin Center for Investigative Journalism, the Board of Frank Beverage Companies and the National Board for Rocketship Education, a San Jose-based network of public elementary charter schools serving primarily low-income students.
Mr. Weber graduated from Columbia University Law School where he served on the Law Review. He then clerked for the Hon. Richard D. Cudahy, United States Court of Appeals for the Seventh Circuit. His undergraduate degree is from Marquette University where he studied history and philosophy, graduating summa cum laude and becoming a member of Phi Beta Kappa.
- Margaret Long v. Fairbank Farms, Inc., et al. and Alice Smith v. Fairbank Farms, Inc., et al. (2 week foodborne illness/product adulteration trial)
- Milwaukee Public Schools. v. Tommy Thompson, et al. (15 week school desegregation court trial)
- Wischer v. Mitsubishi Heavy Industries of, et al. (7 week crane collapse jury trial)
- Chevron Chemical v. Deloitte & Touche (5 week accounting malpractice jury trial)
- Sharp v. Case Corp. (5 week product liability jury trial)
- Peter Parthum, M.D. v. American Nat’l. Can, et al. (4 week interference with contract and defamation jury trial)
- KBS Construction, Inc. v. Cathedral Place, LLC (2 week AAA construction claim arbitration)
- Koester v. Case Corp. (2 week product liability jury trial)
- Campbell v. Crown Equip. Corp., et al. (2 week product liability jury trial)
- Hansen v. Crown Equip. Corp., et al. (2 week product liability jury trial)
- Nigh v. Dow Chemical, et al. (2 week product liability/chemical exposure jury trial)
- Richland Valley Products v. The St. Paul Ins. Co. (2 week breach of contract/bad faith jury trial)
- Realty Services, Inc. v. Safford (2 week interference with contract jury trial)
- Jay Dee v. Tews (2 week breach of contract court trial)
- Lewis v. Case Corp. (1 week wrongful death jury trial)
- Kenneth Wenger v. Crown Equipment Corporation (1 week product liability jury trial)
- Fort Howard v. Merlin Hygenic, et al. (1 week trade secret injunction hearing)
- Frankenmuth v. Case Corp. (4 day product liability jury trial)
- Westlund v. Werner Ladder (3 day product liability jury trial)
- CareNetwork v. Genesis (3 day breach of contract arbitration)
- Share v. Northwestern Mutual Life Ins. Co. (2 day breach of contract court trial)
- Richland Valley Products v. St. Paul Fire & Marine (2 day tortious interference with contract jury trial)
- In Re: Wisconsin Judicial Commission (2 day trial before 3-judge panel representing a judge re: alleged violation of judicial conduct rules)
- Hicks v. Crown Equip. Corp. (1 day product liability jury trial)
- Co-Editor, Dear Americans: Letters from the Desk of Ronald Reagan (Doubleday, 2003).
- “Protecting Confidential Information Exchanged with Public Relations Counsel,”presented to Business Counsel Institute – Crisis Management, Milwaukee, WI, November 2011.
- “Role Models to Direct the Choir: Successful Programs for Educating the Educators and Others with Influence on Consumers about the Perils and Pitfalls of Raw Milk,”presented to IAFP Annual Meeting 2011, Milwaukee, WI, July 2011.
- “Daubert Today – A Standard for All Wisconsin Courts,” presented to the Eastern District of Wisconsin Bar Association Annual CLE Program, Milwaukee, WI, April 2011.
- “Innocent Parties in Outbreak Investigations: How Rushing to Judgment can Lead to Wrongful Recalls and Wasteful Lawsuits,” presented to the 4thAnnual China International Food Safety & Quality Conference & Expo, Shanghai, China, November 2010.
- “Reportable Food Registry,” presented to Wisconsin Association of Food Protection, Madison, WI June 2010.
- “How United States Lawsuits Will Impact Your Business and Food Safety,” presented to China International Food Safety & Quality Conference & Expo, Beijing, China, November 2009.
- “Uncovering the Truth in Food-Borne Illness Litigation – Defending Liability,” presented to DRI Food Liability Seminar, Chicago, IL, May 2008.
- “A Step by Step Guide to Defending Food Litigation,” presented to Grocery Manufacturers of America Food Claims & Litigation Conference, New Orleans, LA, February 2008.
- “Assessing the Costs of Care and Calculating Potential Damages,” presented to American Conference Institute, Food-Borne Illness Litigation, Scottsdale, AZ, February 2008.
- “Wisconsin Tort Updates: Punitive Damages and Bad Faith,” presented to Wisconsin State Bar CLE Program, Milwaukee/Madison, WI, September 2004.
- “Six Reasons Not to do Jury Studies and How to do Them,” presented to Wisconsin Academy of Trial Lawyers, Madison, WI , October 18, 2002.
- “Dispute Resolution in the Real World: Mini-Trials As a Means to Overcome Barriers to Settlement,” presented to Marquette University’s Center for Dispute Resolution, Milwaukee, WI, April 1996.
- “Getting the Most Out of Discovery: Using Creative Approaches,” presented to the American Conference Institute, Bad Faith Claims and Punitive Damages, Los Angeles, CA, March 1996.
- “Insurance Coverage From the Plaintiff’s Perspective,” presented to The Network of Trial Law Firms, Amelia Island, FL, October 1995.
- “Efficient Management of Litigation Portfolios,” presented to the Business Strategy Network Seminar on State of the Art Advances in Claims and Litigation Management, New York, NY, December 1994.
- “Contending With Mass Torts: A Critique of the ALI Proposal,” written for the American Bar Association Torts & Insurance Practice Section Spring Meeting, May 1992.
- “Use of Demonstrative Exhibits in an Accounting Malpractice Trial,” presented to the Insurance Defense Tactics Conference, Keystone Resort, CO, March 1992.
- “Alternative Dispute Resolution,” presented to the State Bar of Wisconsin Mid-Year Convention, Milwaukee, WI, January 1992.
- “Alternative Dispute Resolution,” presented to the American Corporate Counsel Association Mid-Year Convention, Chicago, IL, June 1991.
- “Arbitration and Other Methods of Alternative Dispute Resolution,” presented to the M5 International Conference, Cambridge, April 1990.
- “Severance Pay, Sales of Assets and the Resolution of Omitted Cases,” 82 Colum. L. Rev. 593 (1982).