David Pliner is committed to vigorously representing clients in the context of complex motion and appellate practice. He develops creative and detailed arguments in the areas of medical malpractice, insurance, and civil litigation that have furthered successful outcomes in hundreds of cases and had a direct impact in the development of Wisconsin law at the appellate level.

Representative Experience:

• Obtained a ruling from the Wisconsin Supreme Court that incorporated the federal “sham affidavit” rule into Wisconsin’s summary judgment procedure
• Obtained a ruling from the Wisconsin Supreme Court that clarified when an injury accrues for purposes of triggering the statute of limitations, and that held a surviving spouse’s wrongful death claim accrues on the date the decedent first suffers an injury rather than on the decedent’s date of death
• Obtained appellate ruling that public policy precludes the recovery of the cost of raising a child until age 18 as an element of damages for negligently providing prenatal vitamins instead of the prescribed birth control pills
• Obtained an appellate ruling clarifying the proper legal standard to apply to motions to enlarge deadlines in a pretrial scheduling order filed after the original deadline has expired
• Obtained appellate ruling upholding the validity of anti-stacking provisions in insurance policies
• Obtained appellate ruling upholding the validity of a territorial exclusion clause in an uninsured motorist policy
• Obtained appellate affirmance of order dismissing medical negligence case on statute of limitations grounds, where the case implicated the interplay between federal and state law defining when a claim accrues, and principles of equitable estoppel