Month: December 2012

Final Disposition of 2011-2012 Legislation

Assembly Bills

Links Summary/Status

SS AB 12

Committee

History

Attorney Fees

Summary: Requires courts to consider 14 criteria when awarding reasonable attorney fees and caps court awarded attorneys fees at three times compensatory damages.

Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Failed to pass pursuant to Senate Joint Resolution 1.

SS AB 13

Committee

History

Attorney Fees

Summary: Provides immunity from liability to drug and device manufacturers and sellers under certain circumstances

Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary and Ethics; Failed to pass pursuant to Senate Joint Resolution 1.

SS AB 14

Committee

History

Interest Rates on Judgments

Summary: Under current law, Wisconsin has one of the highest pre- and post-judgment interest rates in the nation at 12 percent. This bill sets the interest rate on judgments for tort cases and consumer protection cases at one percent plus the prime rate as reported by the Federal Reserve Board until the amount is paid.

Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Passage as amended recommended (5-3) Nov. 1. Laid on the table Nov. 3, 2011.

SS AB 22

Committee

History

Trespasser Liability

Summary: Codifies existing common law as it pertains to the duty of care that possessors of land owe to trespassers and to prevent courts from adopting the new Restatement Third Torts, which expands liability for possessors of land.

Status: Introduced Oct. 18, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Passage as amended recommended (7-1) Nov. 1; Laid on the table Nov. 3, 2011.

AB 40

Finance

History

State Budget

Summary: State finances and appropriations.

Status: Introduced March 1, 2011. Referred to Joint Committee on Finance; Statewide public hearings held by Joint Finance; Passed the Assembly (60-38) June 14; Passed the Senate (19-14) June 16; Presented to the Governor June 24; Approved by the Governor with partial veto June 26; Published July 7

AB 147

Severson

History

Statements of Condolence by Healthcare Provider

Summary: Provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or patient’s relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest.

Status: Introduced May 23, 2011. Referred to Assembly committee on Health; Public hearing held June 1; Passage recommended (7-3) Sept. 7; Passed the Assembly (62-33, paired 2) Nov. 1; Referred to Senate committee on Judiciary, Utilities, Commerce, and Government Operations;

AB 223

Finance

History

Administrative Agency Actions

Summary: Eliminates financial and entity size limitations for prevailing parties to be eligible to receive costs in administrative agency actions, allowing an award of costs to any trust or person, other than the state, that is a prevailing party unless the court finds the agency was substantially justified in taking its position or if such an award would be unjust under the circumstances.

Status: Introduced Aug. 18,, 2011. Referred to Assembly committee on Judiciary and Ethics; Public hearing held Sept. 29;

AB 286

Kleefisch

History

Employment Discrimination – Felony Convictions

Summary: Permits an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony and preempting cities, villages, towns, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law.

Status: Introduced Sept. 29, 2011. Referred to Assembly committee on Labor and Workforce Development; Public hearing held Oct. 12; Passage recommended (6-3) Dec. 7

AB 289

Litjens

History

Employment Discrimination – Compensatory/Punitive Damages

Summary: Eliminates compensatory and punitive damages for acts of employment discrimination or unfair honesty or genetic testing.

Status: Introduced Sept. 29, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 27;

AB 436

Taylor

History

Employment Applications-Conviction Records

Summary: Prohibits consideration of the conviction record of an applicant for employment before the applicant has been selected for an interview.

Status: Introduced Dec. 20, 2011; Referred to the committee on Criminal Justice and Corrections.

AB 459

Richards

History

Punitive Damages

Summary: Eliminates the limitation on the amount of punitive damages that may be awarded to a plaintiff.

Status: Introduced Jan. 4, 2012; Referred to the committee on Judiciary and Ethics.

AB 495

Strachota

History

Liability

Summary: Duties and liabilities of ski area operators.

Status: Introduced Jan. 25, 2012; Referred to the committee on Tourism, Recreation and State Properties; Public hearing held Feb. 8

Senate Bills

Links Summary/Status

SS SB 12

Committee

History

Attorney Fees

Summary: Requires courts to consider 14 criteria when awarding reasonable attorney fees and caps court awarded attorneys fees at three times compensatory damages.

Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Oct. 19; Passage as amended recommended (3-2); Passed the Senate (17-15) Oct. 27; Passed the Assembly Nov. 4.; Signed by the Governor as 2011 Wis. Act 92 on Dec. 7, 2011.

SS SB 13

Committee

History

Product Liability

Summary: Provides immunity from liability to drug and device manufacturers and sellers under certain circumstances.

Status:Introduced on Oct. 11, 2011. Referred to committee on Judiciary, Utilities, Commerce, and Government Operations; Failed to pass pursuant to Senate Joint Resolution 1.

SS SB 14

Committee

History

Interest Rates on Judgements

Summary: Under current law, Wisconsin has one of the highest pre- and post-judgment interest rates in the nation at 12 percent. This bill sets the interest rate on judgments for tort cases and consumer protection cases at one percent plus the prime rate as reported by the Federal Reserve Board until the amount is paid.

Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary, Utilities, Commerce, and Government Operations; KPublic hearing held Oct. 26; Passage as amended recommended Nov. 1; Passed the Senate (17-16) Nov. 2; Passed the Assembly (59-36, paired 2) Nov. 3; Signed by the Governor as 2011 Wis. Act 69 on Nov. 18, 2011.

SS SB 22

Committee

History

Trespasser Liability

Summary: Codifies existing common law as it pertains to the duty of care that possessors of land owe to trespassers and to prevent courts from adopting the new Restatement Third Torts, which expands liability for possessors of land.

Status: Introduced Oct. 18, 2011; Public hearing held Oct. 26, 2011; Passage as amended recommended (5-0) Nov. 1; Passed the Senate Nov. 2; Passed the Assembly (80-15, paired 2) Nov. 3; Presented to the Governor Dec. 5; Signed by the Governor as 2011 Wis. Act 93 on Dec. 7.

SB 27

Sullivan

History

State Budget

Summary: State finances and appropriations.

Status: Introduced Mar. 1, 2011; Referred to Joint Committee on Finance; Statewide public hearings held by Joint Finance April 7-13; Laid on the table May 16.

SB 103

Galloway

History

Statements of Condolence by Healthcare Provider

Summary: Provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or patient’s relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest.

Status: Introduced May 24, 2011; Referred to committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held June 2; Passage as amended recommended (3-2) July 6;

SB 202

Grothman

History

Employment Discrimination – Compensatory/Punitive Damages

Summary:Eliminates compensatory and punitive damages for acts of employment discrimination or unfair honesty or genetic testing.

Status: Introduced Sept. 27, 2011. Referred to committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Oct. 19; Passage recommended (3-2) Oct. 26; Passed the Senate (17-16) Nov. 3; Concurred in by the Assembly Feb. 21

SB 207

Darling

History

Employment Discrimination – Felony Convictions

Summary: Permits an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony and preempting cities, villages, towns, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law.

Status: Introduced Sept. 28, 2011. Referred to committee on Labor, Public Safety, and Urban Affairs; Public hearing held Oct. 24; Passage as amended recommended (4-1) Nov. 2;

SB 342

Taylor

History

Punitive Damages

Summary: Eliminates the limitation on the amount of punitive damages that may be awarded to a plaintiff..

Status: Introduced Dec. 19, 2011; Referred to the Senate committee on Judiciary, Utilities, Commerce, and Government Operations;

SB 373

Taylor

History

Product Liability

Summary: 2011 Wisconsin Act 2 (Act 2) made a number of changes to the law governing civil actions involving product liability claims brought under a theory of strict liability and to civil actions against manufacturers, distributors, sellers, and promoters of products. This bill makes several changes to certain provisions enacted under Act 2.

Status: Introduced Jan. 10, 2012; Referred to the Senate committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Jan. 19

SB 388

Grothman

History

Liability

Summary: Duties and liabilities of ski area operators.

Status: Introduced Jan. 19, 2012; Referred to the committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Feb. 8; Passage as amended recommended (3-2) Mar. 2; Passed by the Senate Mar. 7; Referred to the Assembly.

Updated Mar. 9, 2012

Court Strikes Down Punitive Damages Against Restaurant in Case Involving Human Hair Placed in Food

On December 5, 2012, the Court of Appeals, Dist. II, struck down an award of punitive damages to a patron of Texas Roadhouse who found human hair deliberately placed in his food by the restaurant’s employee.

The jury awarded the plaintiff $100,000 against Texas Roadhouse, which appealed the decision. In reversing the trial court, the court of appeals held that the trial court erred in upholding the punitive damages award because the jury did not find Texas Roadhouse causally negligent.

The case is Hansen v. Texas Roadhouse, Inc., 2010AP3137.