Kay & Andersen, S.C.

ATTORNEYS AT LAW

One Point Place, Suite 201                                            Telephone (608) 833-0077   

Madison, WI  53719                                                    Fax (608) 833-3901

E-Mail:  law@kayandandersen.com

 

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  Attorney Robert J. Kay

 

Attorney Robert J. KayRobert J. Kay, born Madison, Wisconsin, August 24, 1933.  Robert J. Kay is the principal shareholder of the firm of Kay & Andersen, S.C., and has been admitted to practice before the Wisconsin Supreme Court, the Minnesota Supreme Court and the United States Supreme Court. He also has been admitted and has tried cases before the U.S. District Court, Western District of Wisconsin; U.S. District Court, Eastern District of Wisconsin; U.S. District Court, District of Nebraska; U.S. District Court, Western District of Kentucky; U.S. Court of Appeals, Eighth Circuit; and U.S. Court of Appeals, Seventh Circuit. He as also been admitted pro hac vice and has tried cases in the state courts of Minnesota, Michigan, Iowa and Illinois.

He has experience in government law, having served as an assistant Wisconsin attorney general and an assistant and special assistant United States attorney. He has served the Wisconsin Supreme Court as chair of the Wisconsin Supreme Court Board of Attorneys Professional Responsibility which enforces the rules of ethics promulgated by the Wisconsin Supreme Court. He is rated as an AV lawyer by Martindale-Hubbell, the national peer review rating service, "A" signifying the highest level of legal ability, and "V" denoting very high adherence to the professional standards of conduct, ethics, reliability and diligence. He has been appointed in the past by the Wisconsin Supreme Court to represent judges in litigation brought against them and has served as court appointed counsel for the indigent.

Education: University of Wisconsin-Madison (B.S., 1955; LL.B., 1958).

Positions Held: Assistant Attorney General, State of Wisconsin, 1958-1959. Assistant U.S. Attorney, Western District of Wisconsin, 1959-1961. Special Assistant U.S. Attorney, Western District of Wisconsin, 1961-1962. Appointed by Director of State Courts to serve as Legal Counsel for First District Court of Appeals, 1988, 1989. Member, District 9 Professional Responsibility Committee, 1975-1988, Chairman, 1983-1988. Member, 1988-1994 and Chairman, 1991-1994, Board of Attorneys Professional Responsibility Supreme Court of Wisconsin. Member, Advisory Committee to the Wisconsin Legislative Council on the Construction Lien Law, 1966-1967. Arbitrator, American Arbitration Association, 1983 to the present.

Contributing Writer: "Engineering Professional", the official publication of the Wisconsin Society of Professional Engineers, 1988-present; "Watts News", the monthly newsletter for the Wisconsin Chapter, National Electrical Contractors Association, 1988-present.  He has also written articles in the past for "Western Builder", "Consulting-Specifying Engineer", and the "Wisconsin Architect".

Arbitrator and Mediator:  Member of the Wisconsin and National Panel of Arbitrators of the American Arbitration Association and Mediator of design and construction disputes, 1983-present.

Lecturer: "Managing Construction Projects," University of Wisconsin-Madison, Executive Education - School of Business, 1990-present; Legal Seminars of Wisconsin Society of Land Surveyors on "Roads-Highways-Streets," 1977, 1978, 1979, 1986, 1987, 1992, 1997 and 2006; "Construction Litigation from the Owner’s Viewpoint," University of Wisconsin-Madison, School of Business, 1988-1989; "The Objectives of the Engineering Expert Witness," University of Wisconsin-Madison, Department of Engineering Professional Development, 1988; "Litigation and the Construction Project," University of Wisconsin-Madison, The School of Business, 1990; ; "Arbitration," Associated General Contractors, Wisconsin Chapter, 1995; "Product-Safety and Product-Liability Prevention–The Role of Design," University of Wisconsin-Madison, College of Engineering, 1990; "Acquiring Negotiation Skills and Planning, and Executing Negotiation Strategy," Wisconsin Department of Transportation, 1990-2004; Legal Concerns When Drafting Specifications," 37th Annual CSI Convention and Exhibit, 1993.

Keynote Speaker: Wisconsin Society of Professional Engineers, 1988, 1994.

Member: American Bar Association (Member: Construction Industry Section; Litigation Section); State Bar of Wisconsin; Dane County Bar Association; The Defense Research Institute, Inc.

Practice Areas: Litigation in the fields of Business, Real Estate, Design and Construction, Environmental Law, Roads and Highways, State and Federal Administrative Law, Personal Injury, Product Liability and Insurance Defense.

Personal: Robert J. Kay has 50 years of experience in the practice of law. He has been the senior partner or shareholder in the firm since 1971. Although he has represented clients in many diverse and wide-ranging areas of practice, his current practice is largely complex business litigation focusing often in the areas of the practice of architecture, engineering and construction related issues. He has also litigated extensively in the area of product liability and personal injury and has won many personal injury cases including a $4.7 million products liability case in Sumnicht v. Toyota Motor Sales, U.S.A., Inc., and a $1.9 million case in Erickson v. Aetna Casualty & Surety Co. et al. He is also actively engaged in civil defense work on behalf of architects and engineers. Bob and his wife of 50 years have raised six children who are spread out over the United States. He and his wife are avid sailors and after sailing in the Great Lakes for ten years, he and his family took their sailboat to the ocean in 1983. Bob sailed across the Atlantic in 1995, explored the Mediterranean Sea for six years, and returned the boat to Newport, Rhode Island in July of 2001.

Reported Cases:

Liberty Grove Town Board v. Door County Board of Supervisors, 2005 WI App 166, 284 Wis. 2d 814, 702 N.W.2d 33
Kerry, Inc. v. Angus-Young Associates, 2005 WI App 42, 280 Wis. 2d 418, 694 N.W.2d 407
American Family Mutual Ins. Co. v. American Girl, Inc., 2004 WI 2, 268 Wis. 2d 16, 673 N.W.2d 65
Keen v. Dane County Board of Supervisors, 2004 WI App 26, 269 Wis. 2d 488, 676 N.W.2d 154
Johnson v. Ziegler, 2002 WI App 103, 255 Wis. 2d 751, 648 N.W.2d 480
Garfoot v. Fireman's Fund Ins. Co., 228 Wis. 2d 707, 599 N.W.2d 411 (Ct. App. 1999)
Chojnacki v. Georgia-Pacific Corp., 108 F.3d 810, Pens. Plan Guide P 23932V (7th Cir. 1997)
Faber v. Musser, 207 Wis. 2d 132, 557 N.W.2d 808 (1997)
Kurzynski v. Spaeth, 196 Wis. 2d 182, 538 N.W.2d 554, 24 Media L. Rep. 1016 (Ct. App. 1995)
Strasburg v. State Bar of Wisconsin, 1 F.3d 468, 26 Fed.R.Serv.3d 39 (7th Cir. 1992)
U.S. v. Arrowhead Refining Co., 829 F.Supp. 1078, 61 USLW 2435, 35 ERC 2065, 24 Envtl. L. Rep. 20, 115 (D. Minn. 1992)
State ex rel. Richards v. Circuit Court for Dane County, 165 Wis. 2d 551, 478 N.W.2d 29 (Ct. App. 1991)
Fillbach v. Production Credit Ass'n of Lancaster, 141 Wis. 2d 767, 416 N.W.2d 617 (Ct. App. 1987)
Wisconsin Knife Works v. National Metal Crafters, 781 F.2d 1280, 42 UCC Rep.Serv. 830 (7th Cir. 1986)
Dean Foods Co. v. Foley, 125 Wis. 2d 131, 370 N.W.2d 588 (Ct. App. 1985)
Sumnicht v. Toyota Motor Sales, U.S.A., Inc., 121 Wis. 2d 338, 360 N.W.2d 2 (1984)
J.F. Ahern Co. v. Wisconsin State Bldg. Comm., 114 Wis. 2d 69, 336 N.W.2d 679, 40 A.L.R. 4th 940 (Ct. App. 1983)
Rice v. Feirn, 108 Wis. 2d 454, 322 N.W.2d 481 (Ct. App. 1982)
Balmes v. Hiab-Foco, A.B., 105 Ill.App.3d 572, 434 N.E.2d 482, 61 Ill.Dec. 329 (Ill.App. 1 Dist., 1982)
Dean Foods Co. v. Wisconsin Dept. of Agriculture, 504 F.Supp. 520 (W.D.Wis. 1980)
Dean Foods Co. v. Wisconsin Dept. of Agriculture, Trade and Consumer Protection, 478 F.Supp. 224 (W.D.Wis. 1979)
City of Merrill v. Wenzel Bros., Inc., 88 Wis. 2d 676, 277 N.W.2d 799 (1979)
Voight v. Washington Island Ferry Line, Inc., 79 Wis. 2d 333, 255 N.W.2d 545 (1977)
City of Madison v. Hyland, Hall & Co., 73 Wis. 2d 364, 243 N.W.2d 422, 1976-1 Trade Cases P 60, 951 (1976)
Coffee-Rich, Inc. v. Wisconsin Dept. of Agriculture, 70 Wis. 2d 265, 234 N.W.2d 270 (1975)
Larkin v. Johnson, 67 Wis. 2d 451, 227 N.W.2d 90 (1975)
State v. Hall, 65 Wis. 2d 18, 221 N.W.2d 806 (1974)
State ex rel. Park Plaza Shopping Center, Inc. v. Board of Review for City of Madison, 61 Wis. 2d 469, 213 N.W.2d 27 (1973)
State ex rel. Park Plaza Shopping Center, Inc. v. O'Malley, 59 Wis. 2d 217, 207 N.W.2d 622 (1973)
Breiby v. Department of Administration, 55 Wis. 2d 16, 197 N.W.2d 737 (1972)
U.S. v. Zager, 338 F.Supp. 984 (E.D.Wis. 1972)
Wisconsin Collectors Ass'n v. Thorp Finance Corp., 43 Wis. 2d 229, 168 N.W.2d 565 (1969)
U.S. v. Zager, 280 F.Supp. 877 (E.D.Wis. 1968) Zager v. U.S., 256 F.Supp. 396 (E.D.Wis. 1966)
Bump v. Dahl, 26 Wis. 2d 607, 134 N.W.2d 665 (1965)
Bump v. Dahl, 26 Wis. 2d 607, 133 N.W.2d 295 (1965)
State ex rel. Rickli v. County Court for Dane County, Branch 4, 21 Wis. 2d 89, 123 N.W.2d 908 (1963)
First Nat'l Bank of Chippewa Falls v. Charles Henneman Co., 10 Wis. 2d 260, 103 N.W.2d 24, 5 A.F.T.R.2d 1494, 60-2 USTC P 9520 (1960)

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