Joseph S. Diedrich

Federal Appellate Experience

• Won appeal in the Seventh Circuit Court of Appeals in Stockbridge Munsee Community v. Ho-Chunk Nation, 922 F.3d 818 (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 in 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 other amicus briefs in federal courts of appeals, including several merits and petition-stage briefs at the U.S. Supreme Court.
• Briefed and orally argued an appeal in the Seventh Circuit Court of Appeals regarding qualified immunity.

Wisconsin 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.
• 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.
• 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.

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 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.