Archive for the ‘Editorials’ Category
Governor Walker submitted his 2015-2017 biennial budget to the legislature on February 3. The governor’s proposed budget for the Judiciary (the State Supreme Court, the court of appeals, and the circuit courts) includes several initiatives intended to generate program flexibility and efficiencies through the creation of two block grants, Supreme Court Block Grant and Circuit Court Block Grant. The governor has also proposed the consolidation and elimination of several programs. This includes a proposal to eliminate the Judicial Council, the consolidation of appropriations for the Judicial Commission under the State Supreme Court, the creation of a Judicial Compensation Commission, and the modification of surcharge exemptions and court interpreter fees.
The governor’s recommended budget allocation for the Judiciary is $138 million in Fiscal Year (FY) 2016 and $138 million in FY 2017 for all funds (General Purpose Revenue – GPR, Program Revenue – PR, Segregated Revenue – SEG). This is a 0.27 percent increase from the adjusted base to the recommended FY 2016 budget and a 0.05 percent increase from FY 2016 to 2017. Over the biennium, the governor recommends a $76,400 increase to the judiciary’s budget. A breakdown of those totals is as follows:
- The governor’s recommended budget for the State Supreme Court is $29.76 million for FY 2016 and $29.81 million for FY 2017. This is a 5.6 percent decrease from the adjusted base to the recommended FY 2016 budget and a 0.2 percent increase from FY 2016 to 2017.
- The governor’s recommended budget for the court of appeals is $10.67 million for FY 2016 and $10.70 million for FY 2017. This is a 2.6 percent increase from the adjusted base to the recommended FY 2016 budget and a 0.3 percent increase from FY 2016 to 2017.
- The governor’s recommended budget for the circuit courts is $97.70 million for FY 2016 and 2017. This is a 1.9 percent increase from the adjusted base to the recommended FY 2016 and 2017 budgets.
Other recommended budget initiatives in the governor’s judiciary budget include:
Supreme Court Block Grant
The governor recommends consolidating GPR appropriations for the director of state courts and the state law library under the Director of State Courts and Law Library general program operations appropriation, funded at $10.3 million GPR each fiscal year. The governor recommends these appropriations be changed from annual to biennial. However, the proposed consolidation of these appropriations does not include a decrease in revenue to these programs. Furthermore, the governor recommends transferring the appropriation for library collections and services to the Director of State Courts and Law Library general program operations appropriation. The block grant system is designed to give Supreme Court justices more flexibility to determine how to spend its appropriation.
Circuit Court Block Grant
The governor recommends the creation of a new appropriation for circuit courts in the form of a block grant. Individual appropriations for court interpreter fees, circuit court support payments, and guardian ad litem costs will be transferred to the block grant. This block grant will be funded at $48 million GPR annually. Furthermore, all funding and position authority (527.0 FTE) from the circuit courts sum sufficient appropriation is recommended to be transferred to the block grant. In addition, all statutory language associated with these costs is recommended to be deleted.
Under the governor’s proposed budget, he suggests the repeal of appropriations for statutory court interpreter fees, circuit court support payments, guardian ad litem costs, and violent crime court costs and programs.
The intent of the block grant program is to provide the circuit courts with greater flexibility to determine how their appropriations are spent. However, there is an error in the governor’s current budget recommendation that has not included full funding increases and related costs provided under a “standard budget adjustment” for 278 court reporter positions. The governor has stated that this was an oversight and lawmakers will fix this in the final budget.
Elimination of Surcharge Exemptions
Currently there are various exemptions from the civil clerk fee and justice information fee for failure to wear a seatbelt, smoking in a public place, failure to carry proof of motor vehicle insurance, and failure to carry a handicap permit. The governor recommends removing these fee exemptions. Projected revenue increases from the proposed changes are $348,800 PR and $871,900 GPR.
The governor also recommends adding “intoxicated operation of an aircraft” to the list of offense subject to the blood withdrawal surcharge.
The Judicial Commission was created by the state legislature in 1978 in response to the state constitution being amended. The Commission is currently independent of the State Supreme Court. Its function is to investigate possible misconduct and disability of judges and determine whether there is probable cause of either. If the Commission finds probable cause then it initiates and prosecutes a proceeding against the judge in the Wisconsin Supreme Court (unless a State Supreme Court justice is being prosecuted at which point a panel of three court of appeals judges will sit in judgment). The Supreme Court then determine if sanctions are needed and what, if any, sanctions are appropriate. The governor proposes to move the appropriations for administering the Judicial Compensation Commission to the Supreme Court. The governor’s proposal does not change the composition or function of the commission. However, some (such as Chief Justice Shirley Abrahamson) are concerned that if the Supreme Court administers the appropriations of the Commission, then the Commission will seem dependent on, and thus biased towards, the Supreme Court. The proposal includes the creation of 2.0 additional FTE positions and the expenditure of $603,200 GPR over the biennium.
The governor proposes the elimination of the Judicial Council and its appropriations. The Judicial Council advises the Supreme Court, legislature, and governor on potential changes to the rules of pleading, practice, and procedure that would simplify procedure and promote a speedy determination of litigation on its merits. The Judicial Council also recommends changes to the business of the courts to the legislature.
Chief Justice Salary
The governor proposes eliminating the state statute that provides that the chief justice of the State Supreme Court must receive a different salary than the associate justices. The governor has stated the rationale behind this change is to allow all justices’ salaries to be raised.
Judicial Salaries & Judicial Compensation Commission
The governor proposes that the director of the Office of State Employment Relations can no longer recommend salary changes of Supreme Court justices, court of appeals judges, and circuit court judges to the Joint Committee on Employment Relations (JCER). Instead, the governor proposes the creation of a Judicial Compensation Commission. The Commission will review judicial salaries biennially and make recommendations annually via a written report on the status of those salaries to JCER and the governor’s office. The Director of State Courts will provide staff and support services to the judicial compensation commission. The chief justice’s salary is currently $155,403. A current associate justice salary is $147,403.
Division of Hearings and Appeals
The governor proposes repealing the requirement that the Division of Hearings and Appeals (DHA) must appoint hearing examiners to make findings and orders in contested cases of crime victim compensation and contested cases involving health care providers. Instead, the governor proposes that the Department of Justice (DOJ) be able to issue initial decisions in these cases. The DOJ would have the ability to contract out to the DHA to provide these services.
CCAP Revenue Decrease
The governor proposes a decrease in the CCAP allocation by $3.3 million annually from base funding of $10 million PR annually to $6.6 million PR annually to reflect recent expenditures in the 2013-15 biennium. The state spent $7.5 million PR on CCAP in the 2013-14 fiscal year.
Uniform Chart of Accounts
The governor proposes the elimination of the current statutory provision authorizing the Director of State Courts to create a uniform chart of accounts that each circuit court is required to use to record all financial transactions relating to the operation of the circuit. The director could the audit financial information provided by the circuit courts. The governor also proposes the deletion of the requirement that the director of state courts annually report the financial data from the uniform chart to the governor and the legislature.
Court Interpreters Funding
The governor proposes using revenues from penalty surcharges instead of justice information surcharges in order to fund courtroom interpreters.
The U.S. Government Accountability Office has determined the value of all assets in asbestos-related bankruptcy trusts is $36 billion. Over five decades, asbestos litigation is the longest running mass tort litigation area in the history of the United States. With over 730,000 lawsuits filed and $50 billion paid out in compensation over that time period it is also among the most expensive. However, 730,000 lawsuits could be just the beginning as some experts have estimated that there could be 2.6 million more lawsuits over the next three decades with a cumulative $270 billion in liabilities. Congress has perennially tried to pass legislation meant to keep asbestos-related trusts solvent and reduce litigation.
The current piece of legislation before Congress is the Furthering Asbestos Claim Transparency (FACT Act) of 2015. The bill seeks to amend title 11 of the U.S. Bankruptcy Code to require asbestos-settlement trusts to release information on victims seeking compensation due to asbestos-related injuries in quarterly reports. This disclosure is seen by many as a remedy to the major problem of fraudulent, inflated, or duplicative checks that find their way to plaintiffs’ mail boxes around the country. This problem is largely due to the lack of a mechanism in the Bankruptcy Reform Act of 1994 for asbestos trusts to share claims data with each other and the courts in order to stop attorneys and claimants from using this lack of transparency to receive duplicative benefits.
The bill is currently in the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law. The subcommittee held a hearing in mid-February that highlighted the fraud this bill seeks to remedy. Specifically, much of the testimony was focused on In Re Garlock Sealing Technologies. In this case the asbestos plaintiffs’ attorneys withheld evidence of exposure to asbestos containing materials manufactured by companies that have bankruptcy asbestos trusts in order to maximize plaintiffs’ (and counsel’s) recoveries by increasing Garlock’s settlement costsHowever, Garlock proved the settlements were inflated and this eventually led the company to file four racketeering lawsuits against the plaintiff law firms. No other hearings are schedule at this time.
Further Reading: Law prof’s Garlock testimony details asbestos lawyers’ change in strategy: Legal Newsline Legal Journal, February 23, 2015.
On September 24, the Court of Appeals, Dist. IV located in Madison held that the statutory limits of $250,000 on damage awards against state employees, including University of Wisconsin Hospital physicians, was constitutional. The case is Fiez v. Keevil, 2013AP2711 (Sept. 24, 2014).
Defendant Robert Keevil, a physician employed by the University of Wisconsin Medical School, provided care to the plaintiff, Robert Fiez. During trial, the jury found Keevil negligent and awarded damages to Fiez of more than $1 million. The circuit court then applied the statutory cap under Wis. Stat. § 893.82(6), which limits damages for state employees at $250,000.
The plaintiff appealed arguing that the $250,000 limit violated the Wisconsin Constitution’s equal protection clause, Wis. Const. art. I, § 1 .
Court of Appeals Upholds $250,000 Statutory Limit
In a unanimous decision, the Court of Appeals held that the statutory limit was constitutional. The Court rejected the plaintiff’s arguments noting that “it is within the power of the legislature to use a damages cap to preserve public funds by allowing for fiscal planning and avoidance of high judgments.”
Milwaukee Judge Ignores Wisconsin Legislature, Strikes Down Limits for Non-Economic Damages in Medical Malpractice CasesThursday, October 9th, 2014
On Friday, October 3, Milwaukee County Judge Jeffrey Conen issued an order and decision in which he struck down Wisconsin’s $750,000 limit for non-economic damages medical malpractice cases. The case is Mayo v. Wisconsin Injured Patients Compensation Fund, et al., 2012CV006272 (Oct. 3, 2014).
The plaintiff, Ascaris Mayo, went to the emergency room suffering from a fever and acute abdominal pain. The physicians (defendants) included a possible infection in their diagnosis, but ultimately treated Mrs. Mayo for uterine fibroids based on her medical history. She was discharged and instructed to visit her gynecologist.
Mrs. Mayo’s illness worsened, and she visited a different emergency room the next day. She was diagnosed with a septic infection caused by Strep A. As a result of the infection, Mrs. Mayo had all four limbs amputated.
Mrs. Mayo and her husband (Mr. Mayo) filed a lawsuit against the physicians and the Wisconsin Patients and Family Compensation Fund, claiming the defendants were negligent in their diagnosis and treatment of Mrs. Mayo.
The jury found that defendants were not medically negligent in their diagnosis and treatment of Mrs. Mayo. However, the jury found that the defendants failed to properly inform Mrs. Mayo about the availability of antibiotics to treat her suspected infection. In addition, the jury found that the defendants’ failure to discuss the possibility of infection or the availability of antibiotics was a cause of Mrs. Mayo’s injuries.
The jury awarded Mrs. Mayo $9 million in economic damages and $15.5 million in noneconomic damages. The jury also awarded Mr. Mayo $1.5 million in noneconomic damages for loss of society and companionship.
Judge Conen Strikes Down Statutory Limits on Noneconomic Damages
In a surprising decision, Judge Jeffrey Conen ignored the Wisconsin Legislature’s reasonable limit of $750,000 for noneconomic damages and held that the law was unconstitutional as applied to the Mayos.
In 2006, the Wisconsin Legislature enacted the new $750,000 limit for noneconomic damages in medical malpractice cases after the Wisconsin Supreme Court struck down the previous $350,000 limit on noneconomic damages in a highly controversial decision, Ferdon ex rel. Petrucelli v. Wis. Patients Comp. Fund, 2005 WI 125.
Judge Conen held that the statute violated the Mayos’ right to due process and equal protection and thus unconstitutional. Judge Conen limited his decision by holding the statute unconstitutional as it applies only to the plaintiff, as opposed to a facial challenge. Therefore, Judge Conen’s decision does not strike down the statute in all cases.
Case Likely to be Appealed and Overturned
Judge Conen’s decision is an outlier and likely will not be upheld by the court of appeals or the Supreme Court of Wisconsin. The decision likely will be overturned based on another recent court of appeals decision (Fiez v. Keevil, 2013AP2711) upholding the $250,000 limits for damages against state employees as constitutional. For more information about the Fiez decision, please click here.)
 The Injured Patients and Families Compensation Fund provides payments to injured patients for malpractice claims that exceed a health provider’s primary malpractice coverage.
On Wednesday, October 1, the Supreme Court of Wisconsin heard oral argument in a case that involves an important issue to Wisconsin employers who hire employees on an at-will basis and seek to protect themselves with non-competition, confidentiality, and non-solicitation agreements (hereinafter, “Non-Competes” or “Agreements”).
The opinion of a Milwaukee County Circuit Court that is under review invalidated a Wisconsin employer’s Non-Competes with its at-will employees in Wisconsin. The Milwaukee Circuit Court held if an employer seeks to update its Non-Competes with existing at-will employees, it cannot simply make the signing of such agreements a condition of the at-will employees’ continued employment.
In 2008, Runzheimer Int’l, Ltd. (“Runzheimer”) updated its current Non-Competes to better protect its proprietary information and business model. Each employee presented with the updated Non-Compete was an at-will employee, and was informed that he or she could not continue to work at Runzheimer (and be exposed to Runzheimer’s proprietary information) unless he or she executed the updated Non-Compete. Any employee that executed the updated Non-Compete would receive continued employment and would be allowed to participate in the following years’ employee bonus incentive plan.
David Friedlen, an existing at-will employee at Runzheimer, elected to keep his job and execute the updated Non-Compete. Friedlen not only kept his job for over two years thereafter, but was allowed into the bonus incentive program and earned over $20,000 under it the year after he executed the Agreement. After his employment was terminated, he went to work for a Runzheimer competitor in Massachusetts in violation of the Agreement, and asserted it was unenforceable because he did not receive sufficient consideration for it.
Friedlen argued that because he was an at-will employee, he could have been terminated at any time after he signed the Agreement and, if he had been terminated shortly thereafter, he would not receive “continued” employment or the benefits of the incentive plan paid out the next year.
Trial Court Decision
The Milwaukee County Circuit Court agreed with Friedlen and invalidated Runzheimer’s Non-Competes. It held that because at-will employees could be terminated at any time, offering them continued employment as consideration is illusory. It also held the incentive plan was illusory, because any consideration that was tied to the continued employment would also disappear if the employee was terminated. Thus, although the Wisconsin Supreme Court has held since 1933 that at-will employment is sufficient consideration to support Non-Competes, even though it can be terminated at any time, this circuit court created an exception for existing at-will employees.
After reviewing the case, the Court of Appeals certified the issue to the Supreme Court for resolution.
Supreme Court Oral Argument
While it is almost impossible to discern how the Supreme Court will decide a case based solely on oral argument, it can provide clues as to how the individual Justices view the case.
Based on the line of questioning, it appears that the decision may come down to the typical judicial conservative and liberal blocs on the Court. For example, two the conservative Justices, Michael Gableman and Annette Zielger, did not appear to accept the arguments for counsel representing the employee based on their questions and direct statements.
Meanwhile, Chief Justice Shirley Abrahamson’s line of questioning suggested that she was sympathetic to the employee’s situation and would require some form of consideration beyond promised continued employment when requiring an existing employee to sign a restrictive covenant, or non-compete.
WCJC and WMC File Amicus Curiae Brief
The Wisconsin Civil Justice Council and Wisconsin Manufacturers & Commerce filed an amicus curiae brief in the case arguing that if the Milwaukee County Circuit Court’s ruling is not overturned, it will have a broad and detrimental impact on Wisconsin employers’ ability to protect their proprietary processes and information. WCJC and WMC also assert that Wisconsin courts frequently alter the law of Non-Competes, rendering previously-enforceable agreements unenforceable and necessitating that employers update them. Employers generally do so by requiring existing, at-will employees to sign them as a condition of further employment. Under the existing Milwaukee County Circuit Court ruling, employers will be required to offer consideration such as upfront cash payments to their entire at-will workforce if they want to do nothing more than alter their Non-Competes to account for changes in their business or comply with existing law.
The case is Runzheimer Int’l, Ltd. v. Friedlen, 2013AP1392. A decision by the Supreme Court is expected before the end of its term in July 2015.
The Supreme Court of Wisconsin on Tuesday, October 7 issued a split decision which resulted in a loss for Sohn Manufacturing in a worker’s compensation case. The issue before the Court was whether the federal Occupational Safety and Health Act (OSHA) preempts the State of Wisconsin from imposing penalties for safety violations under Wisconsin laws.
In a 3-3 decision, Chief Justice Abrahamson, Justice Bradley, and Justice Crooks voted to affirm the Court of Appeals’ decision in favor of the employee. Justices Roggensack, Ziegler and Gableman voted to reverse the Court of Appeals’ decision. Justice Prosser did not participate, leading to the split decision.
An employee (Tonya Wetor) was injured on the job while working at Sohn Manufacturing. Wetor was cleaning a machine when her hand was pulled into the machine, causing severe injuries. Sohn Manufacturing’s practice at the time was to clean the machines while they were running. The state investigated the accident and determined that Sohn Manufacturing had not complied with OSHA standards and Wisconsin’s Safe Place Statute (Wis. Stat. § 101.11).
During the worker’s compensation hearing, the issue was whether Sohn Manufacturing was liable for a penalty payment under Wis. Stat. § 102.57, which provides an extra 15 percent of the damages award, capped at $15,000, when employees’ workplace injuries are caused by their employer’s safety violations.
The administrative law judge determined that the injury was caused by Sohn Manufacturing’s violations of the OSHA standard and Wisconsin Safe Place Statute and therefore ordered the company to pay the 15 percent payment penalty.
The case was appealed to the Court of Appeals, which affirmed the administrative law judge’s decision.
Arguments before the Supreme Court
The Court heard oral arguments on September 23, 2014. The main issue was whether the State of Wisconsin may use OSHA standards or the Wisconsin Safe Place Statute (Wis. Stat. § 101.11) to inspect private workplaces and impose penalties under Wis. Stat. § 102.57. Specifically, Sohn Manufacturing argued that the federal law (OSHA) preempted both § 102.57 and the Wisconsin Safe Place Statute and therefore the State of Wisconsin did not have authority to issue the 15 percent payment penalty under § 102.57.
According to Sohn Manufacturing, OSHA preempts Wis. Stat. § 102.57 because the alleged violation of the state statute is predicated on the violation of an OSHA standard. The company argued that states may regulate occupational health and safety only by submitting state plans to OSHA for approval, or by limiting the state regulation to areas in which no OSHA standard exists.
Wisconsin has not submitted any such plan to OSHA. In addition, the lower courts determined that Sohn Manufacturing violated an OSHA standard relating to the control of hazardous electrical energy. Therefore, Sohn Manufacturing argued that state enforcement of Wisconsin Stat. § 102.57 has crossed into the federal government’s regulatory space and therefore is preempted.
Wisconsin Supreme Court Evenly Splits, Court of Appeals’ Decision is Upheld and Adopted
Because the Supreme Court split 3-3, the Court of Appeals’ decision is affirmed in favor of the employee. The Supreme Court provided no analysis of the decision, but instead adopted the Court of Appeals’ decision, Sohn Manufacturing v. Labor and Industry Review Commission, 2013 WI App 112.
This an unfortunate decision for businesses in Wisconsin and is even more troubling that the case was not decided by all seven members of the Court, with Justice Prosser not participating.
A number of groups, including current and former Democratic officials, gathered today at the State Capitol to continue their misleading “war on women” theme. Specifically, the group cited a 2012 law – 2011 Wis. Act 219 – which they claim removes “equal pay for women.”
These claims are simply false, as demonstrated by numerous news outlets:
- “Mary Burke says Scott Walker left Wisconsin women without equal pay protections” (Rated “False”) – April 13, 2014, PolitiFact Wisconsin (Milwaukee Journal Sentinel).
- “Dem in Wisconsin governor recall says GOP-backed bill means women ‘can’t do something about’ pay discrimination” (Rated “False”) – April 10, 2012, PolitiFact Wisconsin (Milwaukee Journal Sentinel).
- “Wisconsin GOP bill would repeal law ensuring pay equity for women, Dem lawmaker says” (Rated “Mostly False”) – March 12, 2012, PolitiFact Wisconsin (Milwaukee Journal Sentinel).
- WISC (Channel 3) reporter Jessica Arp labels a similar statement by Mayor Tom Barrett as “misleading” – see video here.
- “Bill will eliminate compensatory and punitive damages under Wisconsin’s Fair Employment Act,” (“Wisconsin women are still entitled to equal pay”), State Bar of Wisconsin, Saul Glazer, partner at Axley Brynelson, LLP, March 7, 2012.
As shown by these news articles, Act 219 did not remove equal pay. Instead, Act 219 repealed a misguided law signed in 2009 by then Gov. Jim Doyle, which was a payback to his top campaign supporters – plaintiff attorneys.
The 2009 (2009 Wis. Act 20) law for the first time imposed punitive damages on Wisconsin businesses for alleged workplace discrimination. As a result, businesses could be hit with punitive damages up to $300,000. Moreover, the law indexed the punitive damage awards to inflation, meaning that the plaintiff attorney jackpot would increase each year.
The current law allows women, along with any other person alleging workplace discrimination, to sue their employer. For example, the new law still allows an employee to seek reinstatement of their job, back pay up to two years, as well as with attorney fees and court costs.
Moreover, those who wish to seek punitive damages can still do so in federal court. Act 219 simply removes the duplicative and unnecessary punitive and compensatory damage awards from Wisconsin statutes.
“It is unfortunate there are still those who claim 2011 Act 219 takes away equal pay for women even though the facts clearly show these claims to be false,” said Bill G. Smith, State Director, National Federation of Independent Business and President of the Wisconsin Civil Justice Council.
“Small business owners are focused on creating jobs that will help grow the state’s economy, not needlessly spending money on the legal fees,” said Smith.
Thanks to this and many other pro-business reforms over the past few years, Wisconsin’s economy is on the right track.
See the WCJC Press Release.
The Wisconsin Civil Justice Council, Wisconsin Manufacturers & Commerce, and Wisconsin Insurance Alliance filed public comments to the Wisconsin Department of Natural Resources Brownfields Study Group, which is proposing that the Wisconsin Legislature amend Wisconsin’s “hazardous substance spills” law (Wis. Stat. § 292.11).
Specifically, a subcommittee of the Brownfields Study Group recommended amending Wisconsin’s law to “provide a private cause of action against any person responsible under Wis. Stat. § 292.11(3) for the recovery of costs incurred to restore the environment to the extent practicable and minimize the harmful effects of a discharge.”
WCJC notes that individuals can already bring lawsuits under the federal Comprehensive Environmental Response, Compensation, and Liability Act. In addition, plaintiffs can, and do, bring state claims using legal theories of trespass, nuisance, and negligence, to name a few. Therefore, the proposed new private cause of action is unnecessary.
WCJC also explains that enacting a private cause of action would do nothing for the environment, but instead would enrich trial attorneys and slow down the cleanup process. In short, WCJC argues that the proposal benefits trial attorneys at the expense of Wisconsin businesses and the environment.
The Wisconsin Supreme Court earlier this month heard oral arguments in a case deciding whether the defendant is an “owner” and thus liable for damages caused by a dog at the home he owned, but in which he did not live. The case is Augsburger v. Homestead Mut. Ins., 2012AP641.
The defendant owned a home in which he allowed his daughter and son-in-law live rent free. The defendant’s daughter and son-in-law owned two dogs when they moved in. They later acquired more dogs, which the defendant also allowed on the property.
The plaintiff, who was friends with the defendant’s daughter, visited the defendant’s home where the dogs were residing. When the plaintiff entered the property, a number of dogs attacked her leading to her injury.
The plaintiff filed a lawsuit against both the defendant as the owner of the property and his daughter, who owned the dogs and who lived on the property. The issue in the case was whether the defendant-owner of the property was liable for the injuries even though he neither owned the dogs nor lived on the property where the injuries occurred.
Court of Appeals Decision
The Court of Appeals held that the defendant was considered an “owner” of the dogs even though the dogs were not his and he did not live on the property. The court pointed to the definition of a dog “owner” under Wisconsin’s statute (Wis. Stat. § 174.001(5)). Under the statute, an “owner” is “any person who owns, harbors, or keeps a dog.”
The court determined that the defendant did not “own” or “keep” the dogs because the dogs were not his and he did not reside at the home. Instead, the court determined that the defendant “harbored” the dogs by affording his daughter’s dogs shelter and lodging at the home he owned.
The court noted that while “one may question the legislative policy behind defining ‘owner’ to include a person who merely harbors a dog or the manner in which case law has defined ‘harbor,’ we are bound by both.”
The Wisconsin Supreme Court is expected to issue a decision by the end of its term in July 2015.
Democratic lawmakers held a press conference last week to announce legislation they plan to propose in the 2014-15 legislative session that would repeal portions of Wisconsin’s recently enacted asbestos transparency law (2013 Wisconsin Act 154). Joining the Democrats at the press conference was asbestos plaintiff attorney lobbyist, Jason Johns. The law was one of WCJC’s top priorities and major wins for 2013-14 and was opposed heavily by out-of-state asbestos plaintiffs’ attorneys.
The Democratic lawmakers continue to claim that veterans oppose the bill, when the much of the opposite is true. The AMVETs Department of Wisconsin supported the transparency law. Also, a recent op-ed published in the Milwaukee Journal Sentinel by former VFW State Commander Larry Kutschma and American Legion member Steven Stefonik explains how the law benefits veterans and all victims, while also protecting businesses from unscrupulous trial attorneys.
Earlier this summer, Democratic gubernatorial candidate Mary Burke announced that she would repeal the law if she were elected governor.
Click here to learn more about Wisconsin’s asbestos transparency law.