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Aaron Kastens Photo

Aaron H. Kastens

Partner

Overview

Aaron has broad experience litigating complex commercial matters in both federal and state court and through arbitration proceedings. He has served as first or second chair on cases through trials or arbitrations, and handled a variety of matters successfully through appeal.

Aaron’s litigation practice spans a variety of subject areas, including advanced manufacturing contract and warranty matters, insurance coverage disputes, dealership issues, construction defect disputes, professional negligence claims, products liability suits and constitutional issues.

Aaron regularly represents owners, general contractors, and subcontractors in construction disputes. He also frequently represents manufacturing clients in complex commercial disputes involving the application of the Uniform Commercial Code. In helping his clients assess their legal and business risks, Aaron regularly advises them on potential insurance issues and helps navigate matters with their carriers where necessary.

 

In addition to his commercial litigation practice, Aaron has experience in redistricting disputes and has successfully challenged the constitutionality of certain city ordinances.

Aaron’s transactional work includes drafting and negotiating construction contracts on behalf of owners as well as general contractors, and he counsels clients on their rights and obligations under the Wisconsin Fair Dealership Law. A member of the Advanced Manufacturing Industry group, he advises manufacturing clients on their terms of purchase and sale and represents commercial clients with regard to various aspects of their online presence, working with them to prepare effective website terms of use and privacy policies. He also counsels clients on issues involving compliance with federal and state electronic signature and electronic notarization laws.

Experience

Before joining the firm, Aaron served as a Staff Attorney to the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia.

Representative litigation matters include:

  • Wisconsin Public Service Corporation, Inc. v. Arby Construction, Inc., 2012 WI 87, 342 Wis. 2d 544, 818 N.W.2d 863, affirming 2011 WI App 65, 333 Wis. 2d 184, 798 N.W.2d 715: Successfully defended a contractor to the Wisconsin Supreme Court in a suit brought against it by its insurer, convincing the court that claim preclusion barred the suit
  • Successfully representing a client to the Wisconsin Supreme Court in a case of first impression involving the application of the then-newly-enacted Wisconsin sanctions statute, Wis. Stat. § 802.05.
  • Obtaining a favorable verdict in a court trial in a redistricting lawsuit between a county and a city within the county.
  •  Michels Corp. v. Haub, 2012 WI App 106, 344 Wis. 2d 299, 821 N.W.2d 413
  • 5308 FAB Ltd. v. TEAM Inds., Inc., Case No. 10-C-183, 2012 WL 1079886 (E.D. Wis., Mar. 30, 2012) (In defending a warranty claim under an asset purchase agreement, obtained partial summary judgment and excluded substantial portions of plaintiff’s expert testimony, which substantially narrowed the plaintiff’s claims and paved the way for a favorable out-of-court settlement)  

Honors & Recognitions

  • “Rising Stars," Wisconsin Super Lawyers, 2013-2016

Professional Activities

  • Member, AGC of Wisconsin (firm membership)
  • Member, Association of Builders and Contractors, Wisconsin Chapter (firm membership)
  • Member, State Bar of Wisconsin
  • Member, American Bar Association
  • Member, Milwaukee Bar Association
  • Member, NEWaukee, Mecca Group

Education

Admissions

Community Involvement

  • Board Member, Wisconsin Lutheran High School
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