Rudy Kuss

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October 17, 2005, wasn’t a great day for Rudy Kuss, just a few months out of law school. In two different cases on that day, in the same Milwaukee County courtroom, the judge granted summary judgment for the defendants in his cases alleging misrepresentation by the sellers of residential homes.

But in February 2008, Kuss argued both of those cases in the Wisconsin Supreme Court. In the first, Novell v. Migliaccio, the court ruled in Kuss’ favor, and held that reasonable reliance is not an element of a false advertising claim.

In the second, Below v. Norton, the court ruled against him, holding that the economic loss doctrine bars claims for misrepresentation in the sale of a residence. But it was a partial victory and he did prevail on other issues in the case. In addition, the Wisconsin Legislature responded to the opinion by enacting legislation specifically to allow misrepresentation claims.

Q&A

What was your worst law school course?

Business Associations

If you hadn’t become a lawyer, what would you have done?

Radio D.J.

What do you consider to be the most overrated virtue?

Patience

What is your motto?

Keep It Simple, Stupid

What is the first concert you went to?

Soundgarden

Who are your favorite writers?

George Orwell

What word in the English language do you wish you had invented?

Bloviate

What is your favorite quote?

“Some people with no brains do an awful lot of talking”

What would you never wear?

White Pants

What’s your favorite sports team?

Packers