Trevor J. Will

Partner

Overview

Trevor Will is a partner and litigation attorney with Foley & Lardner LLP with a broad general litigation background, and concentrates in the areas of product liability, toxic torts, and utility facility permitting. Mr. Will is experienced in handling mass litigation, as he is responsible for defending a number of companies in asbestos litigation in Wisconsin, Minnesota, North Dakota and South Dakota. He has tried a number of such cases to defense jury verdicts, and has argued asbestos issues in the supreme courts of Wisconsin and Minnesota and in the United States Court of Appeals for the Eighth Circuit. Perhaps as importantly, he also implemented and administers a cost-effective system for investigating and resolving such cases short of trial. Mr. Will is former chair of the Product Liability Practice and a member of the Automotive, Energy, and Insurance & Reinsurance Industry Teams and the Business Litigation & Dispute Resolution and Insurance & Reinsurance Litigation Practices.

Not all of Mr. Will's time is taken by asbestos cases. He successfully argued the case that established in Wisconsin the principle that where a commercial product fails and does not cause personal injury, the purchaser has no claim in negligence or strict liability, but may sue only for breach of warranty, Sunnyslope Grading, Inc. vs. Miller, Bradford & Risberg, Inc., 148 Wis. 2d 910, 437 N.W.2d 213 (1989). Also, he has been an adjunct professor at Marquette Law School, where he taught a class in complex litigation.

Recognition

  • Named to The BTI Consulting Group’s coveted BTI Client Service All-Stars lists for 2014 and as an MVP for 2015; This elite group of standout attorneys — identified solely through unprompted client feedback — are recognized as delivering the absolute best client service 
  • Named the "Milwaukee Energy Law Lawyer of the Year" (2014) and “Milwaukee Mass Tort Litigation/Class Action – Defendants Lawyer of the Year” (2015) by The Best Lawyers in America© 
  • Selected by his peers for inclusion in The Best Lawyers in America© since 2007 in the areas of energy law, mass tort litigation and product liability litigation 
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system 
  • Selected for inclusion in the list of Wisconsin Super Lawyers® (2011 and 2012)

Admissions and Professional Memberships

Mr. Will is a member of the State Bar of Wisconsin and the American Bar Association.

Education

A summa cum laude graduate of Augustana College in 1975, he received his J.D. degree, cum laude, from Harvard Law School in 1978. He is a member of Phi Beta Kappa.

Representative Matters

Showing of
Serve as national coordinating coverage counsel for Assurant Health, a premier provider of specialized insurance products and related services. Foley's role includes advising Assurant Health on litigation matters involving coverage, disputes with brokers and agents, putative class actions and general commercial disputes involving the company.
Represented Time Insurance Company in a lawsuit pending in federal court in Mississippi. The plaintiff alleged that Time improperly applied an outpatient benefit limit on certain chemotherapy treatments. The plaintiff sought more than $20 million in damages on claims for breach of contract, fraud, and bad faith. The plaintiff also asserted that the insurance contract relied upon by Time was a forgery and, in the alternative, that the benefit limitation was ambiguous. We won the case for Time on summary judgment. The plaintiff then took an appeal to the Fifth Circuit Court of Appeals. In a per curiam opinion, the Court of Appeals affirmed the grant of summary of summary judgment.
Represented New England Baptist Hospital in a complaint which was filed on September 12, 2008. UCLA ran a program (The Willed Body Program) through which people could donate their bodies to further medical research and facilitate the education of medical students. In 2004, it came to light that some people involved in the program were selling the bodies donated to UCLA. In the instant case, the plaintiffs were the relatives of decedents that donated their bodies to the UCLA Willed Body Program. With respect to our client, the plaintiffs contended that the hospital knowingly bought or negotiated to buy bodies or body parts donated to the UCLA Willed Body Program and that the hospital should have known that the sale or receipt of bodies and body parts donated through the UCLA Willed Body Program was unlawful. The plaintiffs claims were for negligence and intentional infliction of emotional distress. We prevailed on summary judgment by establishing that New England Baptist Hospital did not owe a duty of care to plaintiffs. The issue of duty of care was unsuccessfully appealed by plaintiffs.