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Timothy J. Muldowney

Of Counsel
Madison
608.284.2612608.284.2612
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  • Biography
  • Representative Experience
  • Admissions, Activities & Honors
  • Updates, News & Presentations
  • Education

Tim Muldowney is a member of the Environmental, Insurance and Litigation Practice Groups in the Madison office. His practice includes commercial litigation with an emphasis on appellate practice and environmental and insurance law.

Tim’s business litigation practice includes work before administrative agencies, trial and appellate courts and also includes multi-party litigation, such as class actions, and business arbitrations. He has served as a mediator in a number of business litigation and tort matters. He also counsels clients in business matters in areas related to his litigation practice.

Tim is a member of the American Bar Association, State Bar of Wisconsin, and the Seventh Circuit Bar Association. He is also a member of the International Association of Defense Counsel and currently serves on several of its committees that focus on his areas of practice: alternative dispute resolution, appellate practice, business litigation, class action litigation, insurance and reinsurance, international, professional liability and toxic and hazardous substances litigation. He has served on the Board of Editors of the Defense Counsel Journal and on the Wisconsin Board of Attorneys Professional Responsibility District Committee and is a frequent author and speaker for professional groups and committees in which he is involved.

Tim is admitted to practice before the U.S. District courts in the Eastern and Western Districts of Wisconsin, the Court of Appeals for the Seventh Circuit, and the United States Supreme Court. He received his undergraduate and law degrees from the University of Wisconsin with honors as a Phi Beta Kappa and a member of the Order of the Coif.

Representative Experience

Arbitration and Mediation Experience
For many years, Tim has served as counsel for parties in arbitration and as counsel for parties involved in mediation in tort, insurance, construction litigation and reinsurance matters. He has also mediated disputes in commercial and tort litigation. He is a member of the Alternate Dispute Resolution sections of the American Bar Association and State Bar of Wisconsin. He is a former member of the Wisconsin Bar Foundation's Mediation Project.

Insurance Litigation
Johnson Controls, Inc. v. Employers Insurance of Wausau,2003 WI 108, 264 Wis. 2d 60, 665 N.W.2d 257. Served as co-lead counsel and argued on appeal that environmental clean-up costs incurred in response to government suits and regulatory demands were not covered "damages" under general liability insurance policies.

Wistrom v. Employers Ins. of Wausau, 2002 WI App 1, 249 Wis. 2d 489, 639 N.W.2d 224 (unpublished opinion). As lead counsel, argued successfully that workers' compensation carriers do not violate Wisconsin's medical records privacy laws by communicating with medical and pharmaceutical providers about a patient's care.

General Casualty of Wisconsin v. Hills, 209 Wis. 2d 167, 561 N.W.2d 718 (1997). As amicus counsel on behalf of the Alliance of American Insurers, argued that the "as damages" provision of a general liability insurance policy barred insurance coverage for environmental contamination and government response costs associated with clean-up of a recycling site.

Leverence v. PFS Corp., 193 Wis. 2d 317, 532 N.W.2d 735 (1995). In this case involving hundreds of personal injury claims, as co-lead counsel successfully argued that a trial court's use of a novel technique known as aggregation to eliminate a jury trial of individual product liability claims violated the jury trial guarantee of the Wisconsin Constitution.

Weiss v. United Fire & Casualty Co., 197 Wis. 2d 365, 541 N.W.2d 753 (1995). In this case, as amicus counsel for the Wisconsin Insurance Alliance, argued whether expert testimony was necessary to establish bad faith in a first-party fire insurance claim.

Medical Liability
Ferdon v. Wis. Patients Compensation Fund, 2005 WI 125, 284 Wis. 2d 573, 701 N.W.2d 440. Appeared as amicus counsel on behalf the Wisconsin Medical Society and the American Medical Association and argued that the statutory caps on non-economic damages in medical malpractice cases were constitutional and should be upheld as a matter of sound public policy expressed by the legislature.

Phelps v. Physicians Ins. Co. of Wis., 2005 WI 85, 282 Wis. 2d 69, 698 N.W.2d 643. As amicus counsel for the Wisconsin Medical Society, American Medical Association and Wisconsin Hospital Association, Inc., argued that first-year medical residents were covered under Wisconsin's statutory cap on non-economic damages under Chapter 655 of the Wisconsin statutes.

Glenn v. Plante, 2004 WI 24, 269 Wis. 2d 575, 676 N.W.2d 413. As amicus counsel for the Wisconsin Medical Society and American Medical Association, argued that physicians who were not parties to a medical malpractice case could not be compelled to give expert testimony on behalf of a plaintiff under the dictates of Wisconsin law.

Wisconsin Patients Compensation Fund v. Wisconsin Health Care Liab. Ins. Plan, 200 Wis. 2d 599, 547 N.W.2d 578 (1996). As lead counsel, argued successfully before the Wisconsin Supreme Court that the Patients Compensation Fund has a claim of contribution against a primary health care liability insurer, relying upon the statutory structure and purpose of the Fund.

Steinberg, et al. v. Jensen, 194 Wis. 2d 439, 534 N.W.2d 361 (1995). In an appeal to the Wisconsin Supreme Court, represented the interests of the Patients Compensation Fund and one of its physician-insureds in a case involving alleged ex parte discovery contacts by defense counsel of a plaintiff's treating physicians in connection with a medical malpractice claim. The Fund was able to prevail in the position that no improper discovery tactics and no violation of the physician-patient privilege had occurred.

Erickson v. Gundersen, 183 Wis. 2d 106, 515 N.W.2d 293 (Ct. App. 1994). Before the Wisconsin Court of Appeals, argued that the Patients Compensation Fund had not reached an accord and satisfaction with a health care provider in connection with a medical malpractice claim settlement. The Court of Appeals agreed and reversed the trial court, finding that an actual settlement agreement existed that should be enforced.

Vandervelden v. Victoria, 177 Wis. 2d 243, 502 N.W.2d 276 (Ct. App. 1993), review denied 505 N.W.2d 137 (Wis. 1993), cert. denied 510 U.S. 946 (1993). Successfully established in this appeal that a physician who had performed an unsuccessful abortion on a nonviable fetus could not be held liable for battery against the unborn fetus where the mother had fully consented to the abortion procedure.

Ready v. Yap, Wisconsin Court of Appeals, Appeal No.91-0152 (Ct. App. 1991). In this appeal, argued as amicus counsel for the State Medical Society, the Wisconsin Hospital Association and the American Medical Association, along with the Patients Compensation Fund that the non-economic damage cap contained in Chapter 655 of the Wisconsin statutes was constitutional in this case involving a multi-million dollar damage verdict.

Reinsurance
Employers Insurance Company of Wausau v. El Banco de Seguros del Estado, 357 F.3d 666 (7th Cir. 2004), cert denied, 543 U.S. 814 (2004). As lead counsel, obtained judicial confirmation of an arbitral award against an Uruguayan reinsurer, El Banco de Seguros del Estado and later the Court of Appeals for the Seventh Circuit confirmed the award, imposed a $1.5 million contempt sanction against El Banco and awarded attorneys' fees and costs incurred in enforcing the underlying award and corresponding relief.

Employers Insurance Company of Wausau v. American Re, 256 F. Supp. 2d 923 (W.D. Wis. 2003). Argued successfully to the U.S. District Court that a reinsurer was obligated to contribute to a reinsured's declaratory judgment expenses.

Employers Ins. of Wausau v. Jackson, 190 Wis. 2d 597, 527 N.W.2d 681 (1995). As co-lead counsel in a dispute involving a reinsurer and certain underwriters at Lloyds of London, argued successfully to the Wisconsin Supreme Court that the circuit court had authority to confirm an arbitrator appointed under a reinsurance treaty and that the arbitrator chosen pursuant to the "adverse selection" clause of the treaty was properly appointed and entitled to serve in the arbitration.

Admitted To Practice

Wisconsin - 1977

Court Admissions

United States Court of Appeals, Seventh Circuit
United States District Court, Eastern District of Wisconsin
United States District Court, Western District of Wisconsin
United States Supreme Court

Professional Associations

American Bar Association
State Bar of Wisconsin

Activities

Board of Editors of the Defense Counsel Journal - Former Member

Friends of the Waisman Center - Former Board of Directors and Former President

International Association of Defense Counsel – Emeritus Member of the following committees: Alternative Dispute Resolution; Appellate Practice; Business Litigation; Class Actions and Multi-Party Litigation; Insurance and Reinsurance; International, Professional Liability and Toxic Hazardous Substances Litigation

Rotary Club of Downtown Madison:  Former Chair, Youth Awards Committee; Member, Ethics Symposium

Wisconsin Board of Attorneys Professional Responsibility District Committee - Former Member

Wisconsin Medical Society Foundation - Former Board of Trustees Member

Honors

Listed in The Best Lawyers in America (Insurance Law, 2011 - 2016)

Education

Juris Doctor, University of Wisconsin Law School, 1977, Order of the Coif

Bachelor of Arts, University of Wisconsin-Madison, Phi Beta Kappa

Madison
One East Main Street
Suite 500
Madison, WI
53703-3300
608.284.2612608.284.2612
608.257.0609608.257.0609
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Candace Black
608.284.2658608.284.2658
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