James has been lead counsel in multiple cases that have made new law or protected a citizen’s constitutional rights. One case involved the death of a young lady, who had been committed to Taycheedah Correctional Institute for various minor offenses due to her severe mental illnesses. While on 24/7 suicide watch, the young lady strangled herself in front of the prison guards. A Federal Lawsuit against 20 Wisconsin State Employees resulted in a final judgment against some of the highest ranking officials in the Wisconsin Department of Corrections and at the institute, major changes in how the correctional staff handled suicidal inmates, and substantial compensation for the victim’s family.

Another client was the Estate of a passenger who was killed in a rental vehicle where the driver was intoxicated. I successfully challenged an alcohol exclusion that precluded coverage for a $100,000 death benefit on the basis that the driver never received notice of the exclusion. It was a case of first impression in Wisconsin . We won at the trial and appellate court level. As a result, much needed funds were provided to the passenger’s family, as she had left behind a four year old daughter.

In another case, I challenged a school bus company who provided “drop and go” service to young school children in Milwaukee . My client was a young girl who was dropped off on a street corner by the bus and was struck by an oncoming vehicle as she attempted to cross the street. My client suffered terrible injuries, but the bus company argued it had no responsibility to children once the doors of the bus closed. The owner of the bus company testified that “the wheels of the bus must continue to roll”. The appellate court disagreed with the bus company procedures and ruled for the first time in Wisconsin that bus companies had the highest duty of care to kids who ride their buses, making the streets of Milwaukee much safer for public school children. On retrial, the client and her family received compensation for their injuries.

I also represented a family who lost their son, while he was a college student in La Crosse . In a tragic accident, the young man drowned in the Mississippi River after a weekend night of festivities downtown. He was the seventh victim of the river since 1997, where all of the deaths had happened under similar circumstances. The family decided to challenge the status quo of La Crosse as a hard drinking party town that provided free transportation to the downtown bars for college students on the weekends via the “Safe Bus” (more commonly known as the “Drunk Bus”). Amidst a negative media deluge against the family, we changed University of Wisconsin’s, La Crosse, policy on alcohol advertising in the student newspaper, changed the route and policy behind the “Drunk Bus”, encouraged a Task Force for Alcohol Abuse appointed by a long-standing Mayor (who subsequently resigned from office), and ultimately saw changes in the way alcohol is distributed to college students in La Crosse . Even though no monetary award was received by the family, our hard fought efforts helped implement positive changes in La Crosse to prevent similar future tragedies and raised alcohol awareness to a new level in that community. My efforts in making new law, challenging insurance companies and powerful interests on tough issues are evidence of my desire to protect and serve those families most in need.

Milwaukee Magaizine honors James J. Gende II as a “Rising Star"
 
Milwaukee Magazine in coordination with Super Lawyers named James J. Gende II a Rising Star attorney in December 2007. The designation puts Attorney Gende in the top 2.5% of the best up-and-coming attorneys in Wisconsin. After attorneys are surveyed and extensive independent credentials researched, Super Lawyers are then asked to vote for the best attorneys who are 40 or under. The Super Lawyers vote for Rising Stars they have personally observed in action - whether as opposing counsel, co-counsel, or through other first-hand courtroom observation.