Puzzle master: Maloney enjoys complex construction cases

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Fresh out of law school in 1978, M. Susan Maloney landed a position with the Defense Research Institute.

It was a great job, for someone other than Maloney.

“I’d gone to law school to practice as a litigator,” she recalled “So, two years later [I left and] I went to a small insurance defense firm.”

While Maloney had done some writing about construction law at the DRI, her new role allowed her to practice in the field, frequently representing design professionals. She soon discovered the work resonated with her because she enjoys the complexity of the cases.

“It’s kind of like a puzzle,” she said, “where you have to take all these pieces and put them together to make a pretty picture.”

Maloney, an associate at Siesennop & Sullivan, Milwaukee, represents clients at both the trial court and appellate levels. She has played a role in creating case law, much of which has a sizeable effect on construction.

Among her first big victories was St. Clare Hospital of Monroe v. Schmidt, Garden, Erickson, where the Court of Appeals sided with Maloney’s client regarding the parameters of a settlement agreement release.

But perhaps the most meaningful success for Maloney was Estate of Lyons v. CNA Insurance Companies, where the Court of Appeals first applied governmental immunity to a design professional. That ruling was upheld by the Wisconsin Supreme Court in Jahnkee v. Clark Ct., a position she advocated for as amicus curiae.

She’s also been involved in a handful of weighty indemnification opinions, including Schaub by Farrell v. West Bend Mutual, as well as Sedbrook v. Zimmerman Design Group, a case that defined successor corporation liability in Wisconsin.

The Daily Reporter: What do you consider your biggest career achievement to date and why?

M. Susan Maloney: There were not very many women in litigation in the early ’80s, so that was an education, to say the least. I consider myself a bit of a pioneer as far as bringing women into the law. And I like to think I’ve had an impact in developing appellate law in Wisconsin.

TDR: What is the No. 1 legal issue construction firms need to be aware of today and why?

Maloney: Figuring the ways to minimize risk and avoid a lawsuit. If that’s impossible, you need to investigate all the avenues to ensure there’s insurance coverage in place to protect the company.

TDR: What is one thing attorneys should know that they won’t learn in law school?

Maloney: The need to respond quickly — and I mean quickly, within hours if possible — and accurately to questions or requests from clients or other attorneys.

TDR: What was your least favorite course in law school and why?

Maloney: Trusts and estates, because it seemed to me those lawyers sit at a desk and draft documents all day long. That wasn’t my plan.

TDR: Who are your heroes?

Maloney: My mother, who convinced me to go to law school. And professionally speaking, I admire all lawyers who go out of their way to help other lawyers and don’t follow the shark-attack theory of practicing.

TDR: What is your definition of success?

Maloney: Creating a balance between work and family. It’s been a lot easier now that my kids are out of college. I have four children — two boys and two girls.