Joseph S. Diedrich

Federal Appellate Experience

• Briefed and orally argued, before a panel and en banc, Gilbank v. Wood Cnty. Dep't of Hum. Servs., 111 F.4th 754 (7th Cir. 2024) (en banc), successfully convincing a majority of the court to adopt a new standard for evaluating federal subject-matter jurisdiction under the Rooker-Feldman doctrine.
• Briefed, orally argued, and won appeal in Louis DeGidio Inc. v. Industrial Combustion, LLC, 66 F.4th 707 (8th Cir. 2023), on behalf of manufacturer of institutional boilers and burners in commercial dispute with former distributor. The Court affirmed summary judgment, cementing a complete defense victory on claims for violation of the Minnesota Franchise Act, breach of contract, and promissory estoppel.
• Won appeal in Stockbridge Munsee Community v. Ho-Chunk Nation, 922 F.3d 818 (7th Cir. 2019), a case brought by one American Indian tribe against another over the latter's right to conduct gaming under the Indian Gaming Regulatory Act. Affirming the district court's ruling in favor of the Ho-Chunk Nation, the Court held that the plaintiff-tribe's claim was both outside the statutory zone of interests and barred by the statute of limitations.
• Briefed and orally argued appeal in Federal Circuit on behalf of steel nails distributor seeking reversal of Department of Commerce determination regarding applicable duties, in case involving complex questions of administrative law and procedure.
• Authored successful amicus brief in Guam v. United States, 141 S. Ct. 1608 (2021), a case providing important guidance on the interpretation of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund). Filed on behalf of a politically and geographically diverse coalition of 26 states and territories in support of the prevailing party (Guam), the brief was discussed in detail at oral argument.
• Authored several briefs in the U.S. Supreme Court, including cert petitions, briefs in opposition, and amicus curiae briefs at the merits stage, at the petition stage, and in support of emergency applications.
• Presented oral argument several times in the U.S. Courts of Appeals for the Seventh, Eighth and Federal Circuits—including an en banc oral argument in the Seventh Circuit.

State Appellate Experience

• Won appeal in the Supreme Court of Wisconsin in CityDeck Landing v. Circuit Court, 922 N.W.2d 832 (Wis. 2019), on behalf of a real estate developer in a case announcing important limits on a trial court's authority to interfere with private arbitration proceedings.
• Won appeal in the Supreme Court of Wisconsin in Enbridge Energy Co. v. Dane County, 929 N.W.2d 572 (Wis. 2019), which held that a governmental permitting authority exceeded its power when it imposed unlawful conditions on an energy pipeline company's permit.
• Won appeal in the Wisconsin Court of Appeals in Savich v. Columbia County Board of Adjustment, 11 N.W.3d 160 (Wis. Ct. App. 2024), securing broad preemption ruling and permits for client Tillman Infrastructure to construct new telecommunications infrastructure.
• Won appeal in the Illinois Appellate Court in Prairie Surgicare v. Encompass Specialty Network, 2021 IL App (3d) 200176-U, which affirmed the trial court's discretionary denial of sanctions.
• Authored successful amicus brief in the Supreme Court of Georgia in Raffensperger v. Jackson, 888 S.E.2d 483 (Ga. 2023), in which the Court declared a restrictive occupational licensing law unconstitutional as an unreasonable infringement on an individual's due process right to pursue a lawful profession.
• Authored multiple successful petitions for review to the Supreme Court of Wisconsin.
• Presented oral argument in the Wisconsin Court of Appeals.

Administrative Appeal & Trial Experience

• Won favorable judgment and vacatur of government action in CSC Sugar LLC v. United States, 317 F. Supp. 3d 1334 (Ct. Int'l Trade 2019), on behalf of sugar refiner in a case challenging the Department of Commerce's approval of countervailing and antidumping duty trade agreements.
• Won favorable judgment and injunctive relief for telecommunications carrier in suit against city government for violations of the federal Telecommunications Act of 1996 related to city's denial of permits to install small-cell wireless facilities in public plaza.
• Successfully obtained vacatur of unfavorable class arbitration award in federal court.
• Obtained favorable settlement for grocery store chain in class action involving greenwashing claims.