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- Malinda J. Eskra
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
Practices
Representative Cases
State v. Brown, 2020AP489-CR (Wis. Ct. App. 2020) (reversing a judgment of conviction on the grounds that the initial stop of the defendant's vehicle was unlawful under the Fourth Amendment).
Citgo Petroleum Corp. v. MTI Connect, LLC, 2020 WI App 57, 394 Wis. 2d 126, 949 N.W.2d 577 (reversing the circuit on the grounds that CITGO had failed to meet its burden of showing that a mobile messaging company with its principal place of business in Georgia had the necessary minimum contacts with Wisconsin to support specific jurisdiction).
Liebhart v. SPX Corp., Case Nos. 18-1918 & 18-2598 (7th Cir. Mar. 6, 2019) (reversing district court’s summary judgment decision in the case involving federal environmental contamination statutes).
Kieninger v. Crown Equipment Corp., Case No. 2017AP631 (Wis. Mar. 20, 2019) (reversing the Wisconsin Court of Appeals and holding that state statute and regulations do not require employers to pay employees for the time they spend driving a company-provided vehicle between home and work.
Bukstein v. Dean Health Sys., Inc., 2017 WI App 54, 377 Wis. 2d 688, 903 N.W.2d 130 (reversing a $3 million jury verdict and holding that an internal management policy did not alter the express, written at-will relationship with the plaintiff); petition for review denied.
Cargotec Corp. v. Logan Indus., 2018 WL 6695806, Case No. 14-17-00213-CV (Tex. Ct. App. Dec. 20, 2018) (reversing a $12.7 million jury verdict and rendering judgment for the defendant, on the grounds that the evidence was legally insufficient to show any amount of reasonably certain lost profits or business value caused by the defendant’s alleged misuse of confidential information).
Pulera v. Town of Richmond, 2017 WI 61, 375 Wis. 2d 676, 896 N.W.2d 342 (reversing two circuit courts and holding that a person or party seeking certiorari review of a town board's decision to lay out, alter or discontinue a highway must file the petition for certiorari review within thirty days of the register of deeds recording the highway order).
Emirat AG v. High Point Printing, LLC, 900 F.3d 969 (7th Cir. 2018) (upholding district court’s decision that plaintiff was not entitled to $700,000 in damages for an alleged breach of contract claim).
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
Reinhart Elects Eight New Shareholders
Press Releases
Reinhart Welcomes New Litigation Attorneys Eskra and Lovell
Press Releases
"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)
"Clerk of the Court: Eskra’s Background Translates to Success at Reinhart," Wisconsin Law Journal (April 2016)