Lori M. Lubinsky - Axley Brynelson, LLP

Lori M. Lubinsky

Listed in Best Lawyers since 2011

Lori Lubinsky is a partner at Wisconsin law firm Axley Brynelson, LLP. She is a member of both the Litigation and Labor and Employment Practice Groups. Ms. Lubinsky’s practice includes civil litigation, employment law, insurance defense, professional malpractice, shareholder disputes, commercial litigation, construction litigation, and personal injury law. She also represents municipal corporations and school districts on a variety of legal issues including discrimination, harassment, retaliation, constitutional/civil rights law, contract issues, special education matters and student discipline.

Ms. Lubinsky’s practice includes active litigation in administrative tribunals, state court and federal court. She regularly serves as local counsel for out of state law firms in state and federal court. She also advises clients on compliance with a variety of laws including federal and state employment laws, and open records and open meetings laws.

Ms. Lubinsky has been an adjunct professor at the University of Wisconsin Law School teaching Pre-trial Advocacy. She also speaks before a variety of professional and business organizations on litigation and employment issues.

Ms. Lubinsky has significant appellate experience, having argued five times before both the Wisconsin Supreme Court and seven times before the Seventh Circuit. She has acted as lead counsel in over thirty state and federal appeals.

Admitted to practice in the state courts of Wisconsin, the United States Supreme Court, the United States Court of Appeals for the Seventh Circuit and the United States District Courts for the Eastern and Western Districts of Wisconsin.

University of Wisconsin–MadisonBA University of Wisconsin–MadisonJ.D.
State Bar of WisconsinDane County Bar AssociationWisconsin Defense CounselHiring Committee, Axley Brynelson, LLPAmerican Bar AssociationWisconsin School Attorneys AssociationWisconsin School Board AssociationDane County Regional Mock Trial Tournament

Case History

Adverse Possession

Obtained favorable jury verdict in adverse possession case in favor of landowner.

Constructive Discharge — Obtained summary judgment in federal court on behalf of school district on employee’s claims for failure to accommodate her alleged disability and constructive discharge, which was affirmed on appeal at Cigan v. Chippewa Falls Sch. Dist., 388 F.3d 331 (7th Cir. 2004).

Dismissal – Breach of Contract, Breach of Fiduciary Duty & Statutory Violations

Obtained summary judgment in favor of corporation where federal court dismissed a former member’s claims involving a dissolved LLC, including claims for breach of contract, breach of fiduciary duty, various statutory violations, as well as a request for an accounting. See 2010 WL 2739832 (W.D. Wis.).

Employee Disabilities — Obtained summary judgment in federal court on behalf of municipality of employee’s claim for failure to accommodate an alleged disability after arbitrator reinstated employee following termination, which was affirmed on appeal at Peters v. City of Mauston, 311 F.3d 835 (7th Cir. 2002).
First Published Decision Addressing Validity of Multiple Administrator Contracts

Obtained summary judgment in favor of school district where federal court dismissed an administrator’s due process liberty and property claims, along with related state claims for breach of contract, promissory estoppel and defamation, all of which related to the administrator’s actions in seeking to obtain his early retirement benefits before he actually retired. The court also issued the first published decision addressing the validity of multiple administrator contracts under Wis. Stat. §118.24. See 2010 WL 2757336 (W.D. Wis.) and 2010 WL 2517564 (W.D. Wis.).

Frivolous Lawsuit

Recovered attorney’s fees on behalf of client in Dane County court for having to defend lawsuit that was frivolously filed.

Malpractice Involving Family Law Matter

Obtained jury verdict in favor of law firm and two attorneys who were sued for malpractice involving family law matter.

Misrepresentation Claims

Prevailed at court trial on misrepresentation claims involving a failed attempt to purchase commercial property.

Misrepresentations & Breach of Contract

Obtained jury verdict in favor of sellers of home sued for misrepresentations and breach of contract relating to disclosures in sellers’ real estate condition report.

Non-Compete Agreement

Prevailed on employer’s request for injunction to attempt to enforce non-compete agreement.

Open Meetings Law — Represented authority in open meetings lawsuit involving specificity of notice required under open meetings law, which case was decided by the Wisconsin Supreme Court at State ex. rel. Buswell v. Tomah Area School Dist., 2007 WI 71, 732 N.W.2d 804.
Personal Injury – Falling Through Staircase

Obtained substantial personal injury settlement involving employee injured after falling through outdoor staircase.

Prevailed at Administrative Hearing – Road Relocation — Prevailed at administrative hearing relating to developer’s request for approval from DNR for relocation of road providing access to waterway, which was affirmed in appeal at Citizens for U v. DNR, 2010 WI App 21.
Prevailed in Open Records Lawsuit — Prevailed in open records lawsuit on behalf of authority sued for release of records relating to authority’s investigation into employee’s alleged actions, which was affirmed on appeal at Seifert v. Sheboygan Falls School Dist., 2007 WI App 207, 740 N.W.2d 177.
Prevailed on Attempt by Objectors to Prevent/Delay Development

Prevailed on attempt by objectors of development to prevent/delay development by use of direct legislation statute.

School District Immunity Defense — Prevailed on immunity defense for school district relating to student’s fall in school hallway which was affirmed on appeal at Edwards v. Baraboo School District, 2011 WI App 121.
Prevailed in Sexual Misconduct Case — Prevailed on plaintiff’s claims against school district for a teacher’s sexual misconduct. N.R. Poe v. St. Francis School District, Appeal No. 12-1039 (7th Cir. 2012).
Summary Judgment – Alleged Battery — Obtained summary judgment in state court on claims against teacher for alleged battery in the classroom and against school district for alleged failure to supervise teacher, which was affirmed on appeal. Loy v. Dodgeville Sch. Dist., 2004 WL 2109976.
Summary Judgment – Tuition Payments — Obtained summary judgment for school district relating to parents’ request for reimbursement of private school tuition payments for disabled student, which was affirmed on appeal at Hjortness v. Neenah Joint School Dist., 508 F.3d. 851 (7th Cir. 2007).
Summary Judgment – Worker Disability & Retaliation Claims — Obtained summary judgment in federal court, which was affirmed on appeal at Champlin v. Wonewoc-Center Sch. Dist., 2003 WL 2150938, on behalf of school district of former employee’s claim for failure to accommodate an alleged disability, while also obtaining no probable cause finding after hearing before Equal Rights Division on retaliation claim brought by same employee.

Office Location

Two East Mifflin Street, Suite 200
P.O. Box 1767
Madison, WI 53703
United States


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Practice Areas

Education Law
Insurance Law