Joseph S. Diedrich

Federal Appellate Experience

• 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 industrial boilers and burners in commercial dispute with former distributor. The Eighth Circuit 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.
• Authored a successful amicus brief before the U.S. Supreme Court 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 a successful amicus brief before the U.S. Supreme Court in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), which held that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation and transgender status. The brief was filed in support of the prevailing employees and stressed many of the textual, logical, and institutional arguments the Court ultimately found persuasive.
• Authored several other amicus curiae briefs at the U.S. Supreme Court, including at the merits stage, at the petition stage, and in support of emergency applications.
• Presented oral argument in the U.S. Courts of Appeals for the Seventh, Eighth and Federal Circuits.

State Appellate Experience

• Achieved victory in the Wisconsin Supreme Court for a real estate developer in CityDeck Landing v. Circuit Court, 2019 WI 15, a case announcing important limits on a trial court's authority to interfere with private arbitration proceedings.
• Obtained 4-1 win in the Wisconsin Supreme Court in Enbridge Energy Co. v. Dane County, 2019 WI 78, which ruled that a local government exceeded the scope of its land-use authority when it imposed unlawful conditions on an energy pipeline company's zoning permit. The Court also held that it has discretion to modify portions of a challenged zoning permit, without remanding the permit to the local government for further consideration.
• Achieved victory in Red Rock Granite, Inc. v. Kafka Properties, LLC, 2019AP1633, in which the Wisconsin Court of Appeals affirmed summary judgment, holding that our client's mineral fabrication facility is a permissible use of property under an applicable restrictive covenant.
• 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 a successful amicus brief in Raffensperger v. Jackson, __ S.E.2d __ (Ga. 2023), in which the Supreme Court of Georgia declared a restrictive occupational licensing law unconstitutional as an unreasonable infringement on an individual's due process right to pursue a lawful profession. Filed on behalf of three occupational licensing scholars, the brief explained that "[c]ontrary to oft-asserted rationales, empirical evidence shows that occupational licensing regimes…provide little or no public benefit, while imposing significant costs and causing harm."
• Authored an amicus brief in Michels v. Lyons, 2019 WI 57, a Wisconsin Supreme Court case involving questions of constitutional interpretation and the protection of individual liberty interests under the Fourteenth Amendment. The brief was discussed at oral argument and cited in an opinion.
• Authored multiple successful petitions for review to the Wisconsin Supreme Court.
• Convinced the Wisconsin Court of Appeals to dismiss an appeal for lack of jurisdiction before proceeding to briefing on the merits, thereby saving substantial time and resources for the client.
• Represented a national outdoor advertising company before the Wisconsin Supreme Court in an appeal about regulatory takings and nonconforming uses.
• Presented oral argument in the Wisconsin Court of Appeals.

Administrative Appeal & Trial Experience

• Won trial in Campbell v. Kallas (W.D. Wis. 2020), a civil rights lawsuit involving constitutional questions under the Eighth Amendment and the Equal Protection Clause. Our client, a transgender inmate with diagnosed gender dysphoria, was awarded an injunction against state officials, requiring them to provide medically necessary gender confirmation surgery.
• Obtained a favorable judgment before the U.S. Court of International Trade in CSC Sugar LLC v. United States, 317 F. Supp. 3d 1334 (2019), a case challenging the Department of Commerce's actions in approving countervailing and antidumping duty trade agreements detrimental to our client's interests. In a first-of-its kind ruling, the court vacated the agreements.
• Won summary judgment for a telecommunications developer in a land-use dispute with a municipal government, persuading the court that the municipality unlawfully denied the developer's property rights under state law. This ruling allowed the developer to move forward with two telecommunications tower construction projects, each valued at over one million dollars.
• Won summary judgment for a real estate developer pursuing a claim for fraudulent transfer, enabling the developer to collect a substantial prior judgment.
• Won summary judgment and attorneys' fees for a professional organization in a copyright infringement suit that hinged on whether the organization's volunteers were agents under the "work made for hire" doctrine.