About Us

The Wisconsin Civil Justice Council, Inc. (WCJC) was formed in early 2009 to represent Wisconsin business interests on emerging civil litigation challenges before the Legislature. Our primary goal is to achieve fairness and equity, reduce costs, and enhance Wisconsin’s image as a place to live and work.

Successes

The 2009-10 legislative session has been and will continue to be extremely active for Wisconsin’s civil justice system. The most notable – and controversial – proposed changes were in Gov. Jim Doyle’s original 2009-11 budget bill.

The budget bill contained numerous provisions attempting to undo the positive reforms made during the 1990s and further enhance plaintiffs’ ability to win lawsuits and recover higher damages.

Through the efforts of many, but led by the Wisconsin Civil Justice Council (WCJC), the following provisions ultimately were removed from the budget bill.

• The Governor’s proposal would have amended Wisconsin’s joint and several liability law by forcing co-defendants as little as one percent at fault to potentially be responsible for 100 percent of the damages. Under current law, a co-defendant can only be held joint and severally liable if he or she is 51 percent or more at fault.
• The bill would also have allowed a person or business that is less at fault than the plaintiff to be sued so long as the combined fault of all the persons sued was equal to or greater than that of the plaintiff. Existing law requires the plaintiff to be less at fault than each defendant he or she is suing.
• Additionally, the bill would have overturned well established law regarding jury instructions. Under the original budget bill language, in cases involving contributory negligence, the court would have been required to explain to the jury the effect on awards and liabilities of the percentage of negligence found by the jury to be attributable to each party. This proposal would have invited manipulation by jurors of “findings of fact” to achieve a desired result creating more and higher awards.

Had these proposals not been defeated, the potential monetary costs to the Wisconsin business community would have been huge in actual dollars and lost opportunities.

Over 70 associations and businesses, led by the Wisconsin Civil Justice Council, eventually applied enough pressure to convince legislators in the Assembly and Senate that, at the very least, the provisions did not belong in the budget bill.

While WCJC and others were successful in having the provisions removed from the budget bill, individual bills addressing the same issues will more than likely be reintroduced this legislative session.

Challenges Ahead

After the last election, leadership of the plaintiffs’ bar announced to its members that “We won!” and will have an aggressive agenda aimed at more and greater damage awards.

We can expect the items (joint and several liability, combined fault and advising jurors of the consequences of their findings) to be reintroduced as separate legislation. We also face efforts to expand those eligible to recover for loss of society and companionship and to lengthen the time (statute of limitations) to bring lawsuits, among other pro-plaintiff   proposals.

On the proactive side, there are areas of our civil justice system that beg for changes in the interest of fairness -  including the integrity of expert opinion evidence, product liability reform,  standards for the award of punitive damages, and reasonable medical liability protections. While enactment of the reforms in the current atmosphere is highly unlikely, it is imperative to continue the public visibility and education   surrounding these issues.

How to Contribute

WCJC is committed to fighting legislation that would undo the civil justice reforms that were enacted during the 1990s and that would make Wisconsin a less competitive place to do business. WCJC plans to run an aggressive and proactive campaign, including legislative advocacy and media outreach.

To achieve these objectives, however, it will take substantial resources. Please consider making a contribution to the Wisconsin Civil Justice Council, Inc., in care of Andrew Cook, at 10 E. Doty Street, Suite 500, Madison, WI, 53703.

WCJC Contribution Form

Officers

President – Bill G. Smith
State Director
National Federation of Independent Business

Vice-President – James Buchen
Vice President, Government Relations
Wisconsin Manufacturers & Commerce

Treasurer – Andrew Franken
President
Wisconsin Insurance Alliance

Secretary – Patrick Stevens
Director of Development and Regulatory Affairs
Wisconsin Builders Association

Board Members

James Boullion
Director of Government Affairs
Associated General Contractors of Wisconsin, Inc.

Eric Borgerding
Senior Vice President
Wisconsin Hospital Association

Michael P. Crooks, Esq.
Peterson Johnson Murray
Wisconsin Defense Counsel

Mary Ann Gerard
Legal Counsel and Lobbyist
Wisconsin Automobile & Truck Dealers Association, Inc.

Nick George
President
Midwest Food Processors Association, Inc.

Mark Grapentine, J.D.
Senior Vice President, Government Relations
Wisconsin Medical Society

Matt Hauser
President
Wisconsin Petroleum Marketers & Convenience Store Association

Tom Howells
President
Wisconsin Motor Carriers Association

Beata Kalies
Director of Government Relations
Electric Cooperatives

Ed Lump
President and CEO
Wisconsin Restaurant Association

Gary Manke
Executive Vice President-CEO
Midwest Equipment Dealers Association

John Mielke
Director of Government Relations
Associated Builders & Contractors of Wisconsin

Peter Thillman
Board Member
Wisconsin Economic Development Association