Category Archive: News

1. Kathy Wieneke Recognized in 2023 Edition of Best Lawyers in America®

   August 18, 2022 6:46 pm Leave a Comment

   Wieneke Law Group is thrilled to announce that Kathy Wieneke has been recognized in the 2023 edition of edition of The Best Lawyers in America for Personal Injury Litigation–Defendants.

   About Kathy

   Kathy has spent over 30 years defending excessive force claims and litigating road cases, amassing extensive experience and expertise. In recognition of her accomplishments, professionalism, and legal skills, Kathy has received numerous distinctions and honors for her accomplishments.

   About Best Lawyers®

   Recognition by Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by their peers. For more than four decades, Best Lawyers has earned the respect of the profession, the media and the public as the most reliable, unbiased source of legal referrals anywhere.

   Best Lawyers compiles their lists of outstanding lawyers by conducting exhaustive peer review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for a lawyer are positive enough for recognition by Best Lawyers, that lawyer must maintain those votes in subsequent polls to remain in each edition. Lawyers are not permitted to pay any fee to participate in or be recognized by Best Lawyers.

2. WLG Attorneys Selected to Lists of 2022 Southwest Super Lawyers and Rising Stars

   April 7, 2022 5:09 pm Leave a Comment

   Wieneke Law Group is pleased to announce that founding partner Kathy Wieneke has been selected to the 2022 Southwest Super Lawyers list and Laura Van Buren makes her second appearance on the list of 2022 Southwest Rising Stars. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive the Rising Stars honor, and less than 5 percent are selected to Super Lawyers.

   

   About Kathy

   Kathy has spent over 30 years defending excessive force claims and litigating road cases, amassing extensive experience and expertise. In recognition of her accomplishments, professionalism, and legal skills, Kathy has received numerous distinctions and honors for her accomplishments over the past 31 years.

   

   About Laura

   Since joining WLG in 2019, Laura Van Buren has distinguished herself by her professionalism, dedication to her clients, and as a through and articulate writer. Laura focuses her practice on government liability defense, including the defense of civil rights claims under 42 U.S.C. § 1983, Bivens actions, and state law torts.

   About Super Lawyers

   Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.

3. Arizona Supreme Court addresses intervening and superseding cause in dram shop action

   November 4, 2021 12:17 pm Leave a Comment

   In Torres v. JAI Dining Services (Phoenix) Inc., the Arizona Supreme Court ruled that a business that serves a person alcohol may still be liable for any injuries that person causes while under the influence, even if he initially makes it home first. The case involved a man who had been served alcohol at an adult establishment for hours until 2:30 AM. He left the establishment, operating by defendant JAI, and made it all the way home to “chill out for a little bit and sober up.” Still intoxicated a few hours later, he left his home and crashed his car into another vehicle, killing two people. The families of the deceased sued JAI for over-serving the intoxicated man, but JAI argued that, since the man made it home first, his decision to drive again was an intervening and superseding cause of the decedents’ deaths as a matter of law, thereby relieving JAI of liability.

   At trial, the court denied JAI’s motion for judgment as a matter of law on intervening and superseding cause and instructed the jury on the issue. The jury ultimately returned a verdict in the plaintiffs’ favor on their common law negligence and dram shop liability claims, and in JAI’s favor on the plaintiffs’ statutory negligence claim. JAI appealed and the Arizona Court of Appeals reversed the judgment against JAI, holding the trial court erred by not entering judgment in JAI’s favor as a matter of law, reasoning “that the risk created by a liquor licensee overseeing a patron is that the patron ‘may be unable to return to his or her home or other place of repose safely.'” The Court of Appeals held that once the man reached his residence and went to bed, his decision to leave in his truck was an intervening and superseding cause, breaking the chain of causation.

   The Supreme Court of Arizona vacated the Court of Appeals’ opinion and rejected JAI’s argument. The Court reasoned that “[t]he foreseeable risk that an intoxicated person might drive and cause an accident that injures or kills someone does not vanish solely because the patron initially returns home.” The Court explained that “intoxicated people frequently make foolhardy decisions, including refusing to stay put and sober up before getting behind the wheel.” Therefore, it remained foreseeable that the patron in this case would cause an accident at some point while under the influence of the alcohol served by Defendant. As a result, a bar or restaurant that over-serves a person may still be liable for any injuries that person causes while under the influence, even if they make it all the way home first.

4. WLG Welcomes Associate Attorneys Brendan Porter and Jacob Weld

   November 2, 2021 1:45 pm Leave a Comment

   Wieneke Law Group is pleased to welcome associate attorneys Brendan Porter and Jacob Weld to the firm. Brendan and Jacob are representing governmental entities, their employees, corrections personnel, and first responders in a variety of matters ranging from civil rights claims involving allegations of police and correctional officer misconduct to wrongful death and negligent road design claims.

   

   Prior to joining the firm, Brendan clerked for the Honorable Michael T. Morrissey at the United States District Court for the District of Arizona. While there, he managed an extensive civil calendar of referral and consent cases involving wide ranging subject matter, including prisoner civil rights litigation. Brendan also worked as an Attorney-Advisor for the Federal Mine Safety and Health Review Commission in Washington, D.C.

   Brendan earned his law degree from the University of Virginia. He received his undergraduate degree, summa cum laude, from Arizona State University.

   

   Jacob joins the firm after a year clerking at the United States District Court for the District of Arizona for the Honorable Susan M. Brnovich. While there, he researched and analyzed the merits of pending cases and prepared and revised orders and opinions on a wide range of matters pending before the Court.

   Jacob earned his law degree, magna cum laude, from George Mason University Antonin Scalia Law School, where he served on the Moot Court Board and as a member of the Trial Advocacy Association. He received his undergraduate degree from Liberty University.

5. WLG Attorneys Selected to Lists of 2021 Southwest Super Lawyers and Rising Stars

   April 8, 2021 11:13 am Leave a Comment

   Wieneke Law Group is pleased to announce that founding partner Kathy Wieneke has been selected to the 2021 Southwest Super Lawyers list and Laura Van Buren makes her first appearance on the list of 2021 Southwest Rising Stars. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive the Rising Stars honor, and less than 5 percent are selected to Super Lawyers.

   

   About Kathy

   Kathy has spent over 30 years defending excessive force claims and litigating road cases, amassing extensive experience and expertise. In recognition of her accomplishments, professionalism, and legal skills, Kathy has received numerous distinctions and honors for her accomplishments over the past 31 years.

   

   About Laura

   Since joining WLG in 2019, Laura Van Buren has distinguished herself by her professionalism, dedication to her clients, and as a through and articulate writer. Laura focuses her practice on government liability defense, including the defense of civil rights claims under 42 U.S.C. § 1983, Bivens actions, and state law torts.

   About Super Lawyers

   Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.

6. Christina Retts to present on trial strategy

   January 28, 2020 5:41 pm Leave a Comment

   On January 30, 2020, WLG attorney Christina Retts is co-presenting “Trial Masters: Tips and Tricks from the Best of the Best” at the DRI Civil Rights and Governmental Tort Liability Seminar in San Diego, California. Ms. Retts will be sharing her wisdom on developing trial themes, techniques, and strategies to position cases for more effective advocacy at trial, as well as tips for posturing for a favorable settlement.

   

   Christina Retts has extensive experience defending law enforcement personnel against a broad range of civil claims, including cases involving excessive use of force, officer-involved shootings, TASER, less-lethal weapons, K-9 use, positional and restraint asphyxia, and wrongful arrest. Tina is also experienced with defending fire and corrections medical personnel against complex medical negligence claims.

   About Wieneke Law Group:
   Wieneke Law Group attorneys have represented Arizona governmental entities, their employees, school districts, elected officials, corrections personnel, and federal employees in a variety of matters ranging from civil rights claims involving allegations of malfeasance in office, police misconduct, failure to provide medical care, Bivens, and employment matters. Our vast experience allows us to provide high quality, cost-effective legal services to our clients.

7. Kathy Wieneke recognized in 2020 Edition of the Best Lawyers in America®

   August 15, 2019 11:04 am Leave a Comment

   

   Kathy Wieneke was recently selected by her peers for inclusion in the 26th Edition of The Best Lawyers in America^® for her work representing defendants in personal injury cases.

   About Kathy

   Kathy has spent over 30 years defending excessive force claims and litigating road cases, amassing extensive experience and expertise. In recognition of her accomplishments, professionalism, and legal skills, Kathy has received numerous distinctions and honors for her accomplishments over the past 31 years.

   About Best Lawyers^®

   Since it was first published in 1983, Best Lawyers^® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 87,000 industry leading lawyers are eligible to vote (from around the world), and they receive almost 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America^©, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

8. WLG Attorneys Obtain Another Defense Verdict

   April 23, 2019 11:36 am Leave a Comment

   After a four-day jury trial in the U.S. District Court for the District of Arizona, Wieneke Law Group partners Kathleen Wieneke and Christina Retts obtained a defense verdict on behalf of their police officer client.

   The Section 1983 false arrest/excessive force case was brought by a woman who received multiple skull fractures in an altercation with a police officer while resisting arrest.  The woman, who had gone to a convenience store to purchase lottery tickets, called the police to report alleged threats made against her by the store clerks.  When the woman became disruptive, the store clerks also called police, asking the police to trespass her from the property.   When the officer arrived, the woman refused to leave, and became argumentative.  Eventually, the officer had to use force to effect her arrest. During her resistance, she was injured.  

   Before the case went to the jury, the court granted the officer’s motion to dismiss the false arrest claim, leaving only the excessive force claim to be resolved by the jury.  The jury deliberated for forty minutes before delivering a defense verdict for the officer, absolving him of all liability.

   Kathleen Wieneke has achieved an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell and is a Fellow of the International Academy of Trial Lawyers (IATL). She has spent over 30 years defending excessive force claims and litigating road design cases, amassing extensive experience and expertise.

   Christina Retts has extensive experience defending law enforcement personnel against a broad range of civil claims, including cases involving excessive use of force, officer-involved shootings, TASER, less-lethal weapons, K-9 use, positional and restraint asphyxia, and wrongful arrest. Tina is also experienced with defending fire and corrections medical personnel against complex medical negligence claims.

   About Wieneke Law Group:
   Wieneke Law Group attorneys have represented Arizona governmental entities, their employees, school districts, elected officials, corrections personnel, and federal employees in a variety of matters ranging from civil rights claims involving allegations of malfeasance in office, police misconduct, failure to provide medical care, Bivens, and employment matters. Our vast experience allows us to provide high quality, cost-effective legal services to our clients.

9. WLG Attorneys Kathleen Wieneke and Christina Retts Obtain Defense Verdict in Police Excessive Force Case

   February 12, 2019 4:39 pm Leave a Comment

   In late January, after an eight-day jury trial in the U.S District Court for the District of Arizona, Wieneke Law Group partners Kathleen Wieneke and Christina Retts obtained a defense verdict on behalf of their police officer clients.

   The Section 1983 excessive force case was brought by the estate of a 31-year-old man who died after an altercation with the police officers.  Citizens called 911 for the man, believing him to be in need of medical care. The man fought with police, was tased, and suffered a cardiac arrest on site before being transported to the hospital where he was pronounced dead.  Toxicological results revealed the presence of a large amount of methamphetamine in his system, as well as a small amount of alcohol.  Plaintiff sued four officers, and WLG was able to get one of the officers dismissed before the case went to the jury. 

   The jury deliberated for one hour and 15 minutes before delivering a defense verdict against all police officers, absolving them of all liability.

   Kathleen Wieneke has achieved an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell and is a Fellow of the International Academy of Trial Lawyers (IATL). She has spent over 30 years defending excessive force claims and litigating road design cases, amassing extensive experience and expertise.

   Christina Retts has extensive experience defending law enforcement personnel against a broad range of civil claims, including cases involving excessive use of force, officer-involved shootings, TASER, less-lethal weapons, K-9 use, positional and restraint asphyxia, and wrongful arrest. Tina is also experienced with defending fire and corrections medical personnel against complex medical negligence claims.

   About Wieneke Law Group:
   Wieneke Law Group attorneys have represented Arizona governmental entities, their employees, school districts, elected officials, corrections personnel, and federal employees in a variety of matters ranging from civil rights claims involving allegations of malfeasance in office, police misconduct, failure to provide medical care, Bivens, and employment matters. Our vast experience allows us to provide high quality, cost-effective legal services to our clients.

10. WLG receives regional designation in 2019 U.S. News – Best Lawyers® “Best Law Firms”

    November 1, 2018 12:10 pm Leave a Comment

    Today, U.S. News – Best Lawyers® “Best Law Firms” announced that the Wieneke Law Group has been designated a Tier 2 firm in the Scottsdale region for Personal Injury Litigation – Defendants.

    The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process.

    

    About Us:  Wieneke Law Group attorneys have represented Arizona governmental entities, their employees, school districts, elected officials, corrections personnel, and federal employees in a variety of matters ranging from civil rights claims involving allegations of malfeasance in office, police misconduct, failure to provide medical care, Bivens, and employment matters. Our vast experience allows us to provide high quality, cost-effective legal services to our clients.