Malinda J Eskra

Malinda J. Eskra

Shareholder

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Malinda Eskra has a dual practice, focusing on appellate law and employee benefits litigation. She is a shareholder in Reinhart’s Litigation Practice and co-chair of the firm’s Appellate Litigation Practice.

Much of Malinda’s practice focuses on the Employee Retirement Income Security Act of 1974 (ERISA) related litigation. She represents large employers, defending employer-sponsored benefit plans in 401K fee matters and benefit disputes. She also has significant experience representing Taft-Hartley multiemployer plan clients on issues ranging from withdrawal liability to breach of fiduciary duty.

She excels in appellate strategy and procedure and successfully represents clients in state and federal appellate courts around the country. She has authored numerous winning appellate briefs, regularly advises on appellate matters and has experience filing successful petitions for certiorari review and interlocutory review, as well as amicus briefs.

Malinda brings a unique perspective of the court system, as well as a passion for legal writing and research. Prior to joining Reinhart, she spent two years as a law clerk to the Honorable William E. Callahan, Jr. at the U.S. District Court for the Eastern District of Wisconsin, and six years as a law clerk to the Honorable Kitty K. Brennan at the Wisconsin Court of Appeals.

Malinda enjoys using her legal experience and careful listening skills to help clients during difficult circumstances move forward to achieve their goals. She is very community-oriented with a passion for pro bono work, especially on behalf of domestic violence victims. She serves on the board for the Neighborhood House of Milwaukee, an agency that strengthens children and families in the city's underserved neighborhoods.

Away from the office, Malinda enjoys spending time with her children and outdoor activities like hiking, running and camping.

Education

  • J.D., cum laude, Marquette University Law School
  • B.A., with distinction, University of Wisconsin-Madison

Bar Admissions

Wisconsin

Court Admissions

  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • Pro hac vice in federal and/or state court in the following states: California, Illinois, Indiana, Montana, Texas, and Virginia

Matters

Representative Cases

Honors & Affiliations

Honors

  • Association for Women Lawyers, 2021 Pro Bono Award

  • DV Leap, 2021 Pro Bono Team of the Year

  • "Ones to Watch" by Best Lawyers in America (2023, 2022, 2021)

  • 2016 Reinhart “Pro Bono Attorney of the Year”

Affiliations

  • Seventh Circuit Bar Association, Board of Governors

  • State Bar of Wisconsin, Appellate Practice Section, Chairperson-Elect

  • Neighborhood House of Milwaukee, Board of Directors

  • State Bar of Wisconsin, Appellate Practice Section, Board of Directors

  • American Bar Association (Litigation and Appellate Sections)

  • Elected a Fellow of the American Bar Association

  • Association for Women Lawyers (President, 2016-2017)

  • Defense Research Institute (Appellate Advocacy Committee)

  • Eastern District of Wisconsin Bar Association (Civil Committee)

  • Milwaukee Bar Association (Appellate Committee)

  • State Bar of Wisconsin (Appellate and Litigation Sections)

News & Insights

Presentations

  • "Attorney-Client Privilege and the Fiduciary Exception," Reinhart CLE Ethics Seminar (December 2021)

  • "Win the Easy Ones: Common Mistakes Made Before the Wisconsin Court of Appeals," Wisconsin State Bar, Write On: Effective Legal Writing Seminar (December 2021)

Publications