Biography
Judge Michael Fitzpatrick is a retired Wisconsin Court of Appeals Judge who served as Presiding Judge of the District IV Court of Appeals. Prior to his election to the Court of Appeals, he served as a Circuit Judge for nine years.
Judge Fitzpatrick is an Elected Member of the American Law Institute, the organization whose members draft the Restatements of the Law and Principles of the Law. He is currently working as part of the Members Consultative Group for the Restatement Third of Torts.
Judge Fitzpatrick has been elected by Wisconsin’s Judges to two terms on the Wisconsin Civil Jury Instruction Committee. As a long-time member of that committee, he has been responsible for substantive amendments to jury instructions and instruction comments, based on changes to Wisconsin law, concerning: products liability; intentional interference with a contract; unjust enrichment; misrepresentation; defamation; invasion of privacy; punitive damages; damages in commercial litigation; commercial leases; burden of proof for statutory causes of action; and spoliation of evidence, among other areas.
Judge Fitzpatrick has also been elected by Wisconsin’s Judges to two terms on the Wisconsin Judicial Council. As a member of the council, he was actively involved in the drafting of substantive changes adopted by the Wisconsin Supreme Court to the rules of evidence and the rules of civil procedure, as well as wholesale changes to Wisconsin’s class action statute.
Judge Fitzpatrick continues to serve on the faculty of the Wisconsin Judicial College, a week-long seminar for new and experienced Judges. For many years, he was invited to present the Civil Case Law Update at the Wisconsin Judicial Conference and each year prepared for all Wisconsin Judges written summaries of important case law developments. In 2022, Judge Fitzpatrick delivered the Chapman Distinguished Lecture in Law at the University of Tulsa College of Law and more recently spoke at the American Bar Association’s seminar on Toxic Torts and Environmental Law regarding methods for the effective presentation of expert testimony. He is frequently invited to speak at seminars for Judges and attorneys on subjects such as: Judges’ Application of the Rules of Evidence in the Courtroom; Effective Presentation of Expert Testimony; Admissibility of Expert Opinions; Enforceability of Arbitration Agreements; Business Litigation Motion Practice; Practical Tips for Commercial Litigators; Business-Related Torts; Discovery of Electronically Stored Information; Attorney-Client Privilege and Work Product Issues Related to Electronically Stored Information; Admissibility of Electronically Stored Information; Attorney Fee Awards; Judicial Ethics; and Persuading Judges and Juries (for attorneys and law students).
In 2013, Judge Fitzpatrick was one of three finalists recommended for the position of United States District Judge for the Western District of Wisconsin. He was recommended to the President by both United States Senator Tammy Baldwin and United States Senator Ron Johnson.
Judge Fitzpatrick is a Past President of the Western District Bar Association (the federal court bar association for the western half of Wisconsin). He is a Jurist in the American Inns of Court and is a Past President of the James E. Doyle Chapter of the American Inns of Court. Judge Fitzpatrick previously served two terms on the Wisconsin State Bar Professional Ethics Committee.
Prior to becoming a Judge, Michael Fitzpatrick had a substantial trial practice in a broad range of matters in often lengthy, multiple-party jury trials and court trials. He represented individuals and businesses, and served as national trial counsel for several companies, in the areas of insurance coverage (including environmental claims), products liability, commercial litigation, trademarks, trade secrets, class actions, non-compete agreements, personal injury, professional malpractice, construction claims, real estate and riparian rights, manufacturer recalls, and regulatory issues. He appeared in federal and state courts in more than twenty jurisdictions, as well as in arbitration hearings and the Trademark Trial and Appeal Board. In addition, Michael Fitzpatrick regularly represented clients in federal court appeals and state court appeals.
Judge Fitzpatrick received his undergraduate degree from Drake University and his law degree from the Drake Law School. In 2022, he was elected to the Drake Law School Board of Counselors. Judge Fitzpatrick ran on the Track and Cross Country teams at Drake and was twice an individual Missouri Valley Conference champion. In 2018, Judge Fitzpatrick received the highest award bestowed by the Drake Athletic Department, the Double D Award.
For a complete description of Judge Fitzpatrick’s Professional Employment, Honors and Distinctions, Professional Leadership, and Presentations, please see his Curriculum Vitae.