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 presented daunting challenges as the plaintiffs’ bar and their allies in the Legislature pushed an aggressive anti-business agenda. For example, policies buried deep in the budget bill would have forced those as little as one percent at fault to pay 100 percent of damages, drastically changing Wisconsin’s litigation landscape and assuring more litigation, higher awards and a less competitive Wisconsin. With vital support from businesses across the state, WCJC and other allies were successful in defeating these and other litigation initiatives.

Legislation Defeated by WCJC in 2009-10 Session

  • AB 75 (Budget – Joint and Several Liability): Alters Wisconsin’s joint and several liability law by forcing defendants as little as one percent at fault to pay for 100 percent of the damages.
  • AB 75 (Budget – Combined Fault): Allows someone that is less at fault than the plaintiff to be sued if the combined fault of all persons sued is equal to or greater than that of the plaintiff.
  • AB 75 (Budget – Jury Instructions): Requires the court to explain to the jury how the percentage of negligence they find attributable to each party will impact liabilities and damages.
  • SB 628/AB 815 (Medical Records and Exams): Allows plaintiffs to hide prior injuries by limiting access to plaintiffs’ medical records and restricting independent medical exams.
  • SB 203/AB 291 (Medical Malpractice Liability): Expands medical liability by allowing adult children and their parents to sue for loss of society and companionship damages.
  • SB 447/AB 792 (False Claims): Provides a 15 to 25 percent bounty plus attorney fees for private parties that file false claim lawsuits on behalf of the state.
  • SB 275/AB 367 (Credit Histories): Allows job applicants/employees to sue for punitive and compensatory damages if an employer “discriminates” against them based on their credit history.
  • AB 894 (Workplace Bullying): Adds a cause of action, along with punitive and compensatory damages, for alleged workplace bullying.
  • SB 319/AB 453 (Statute of Limitations): Provides a three-year window for plaintiffs to file childhood sexual abuse claims, regardless of the previous expiration of the statute of limitations.
  • SB 337/AB 480 (Gender-based Cause of Action): Creates a cause of action, with a 7-year statute of limitations, for a person who suffers physical, emotional, or economic harm due to a gender–based act.
  • SB 563 (Medical Malpractice Statute of Limitations): Extends wrongful death statute of limitations in cases dealing with medical malpractice (overturning Estate of Genrich v. OHIC Ins. Co.).
  • AB 938 (Bifurcation of Trials): Provides that if a trial court bifurcates a trial relating to interest that is due on insurance proceeds that were not timely paid, all claims must be heard by the same jury.

Challenges Ahead

The plaintiffs’ bar will attempt again next session to advance these same ill-advised policies. Regardless of how the November 2010 elections turn out, we must defeat such legislation or otherwise see a weakening of Wisconsin’s business climate.

Beyond playing defense, WCJC will advance civil justice policies that will enhance our ability to grow Wisconsin jobs.

How to Contribute

Please consider contributing to the Wisconsin Civil Justice Council, Inc. Please make check payable to:

WISCONSIN CIVIL JUSTICE COUNCIL, INC.

C/O ANDREW COOK

10 East 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
General Counsel
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 Gerrard
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