The Wisconsin Legislature stands adjourned and is not expected to reconvene until January 2025. Throughout the 2023-24 session, the Wisconsin Civil Justice Council worked tirelessly to advance civil liability reforms and prevent new civil causes of action from becoming law. This session, legislators introduced many bills proposing to create new private rights of action. WCJC successfully defeated all of them, or else successfully had the legislation amended to remove the new cause of action before passage.
Blog
Legislature Passes Bill to Protect Motor Carriers, Consumers from Unreasonable Nuclear Verdicts
Legislators in Wisconsin introduced a bill that would cap the recovery of noneconomic damages from trucking companies and commercial drivers. The aim of the bill is to protect employers from unreasonable “nuclear verdicts” and stabilize insurance costs for the trucking industry. The bill cleared both houses of the Wisconsin Legislature on February 20.
Legislature Passes Deicer Registration and Liability Protection Bill
Senate Bill 52 creates a voluntary training and registration program for commercial applicators of products for snow and ice removal. The program is intended to encourage applicators to use ice and snow removal procedures that also protect water quality, in part by reducing salt use. The Wisconsin Civil Justice Council worked with legislators and stakeholders to draft strong, sensible liability protection language to incentivize applicators and business owners to take advantage of this program.
Broad Support for Regulating Nonrecourse Litigation Advances Heard by Assembly Consumer Protection Committee
On October 11, the Assembly Committee on Consumer Protection held a public hearing on Assembly Bill 464, a proposal to regulate nonrecourse civil litigation advance payments in Wisconsin. A coalition of the state’s leading business associations testified and registered in support of the bill at the hearing.
Legislation Circulating to Protect Motor Carriers from Unreasonable Nuclear Verdicts
Legislation is circulating for introduction in Wisconsin that would cap the recovery of noneconomic damages from trucking companies and commercial drivers. The aim of the bill is to protect employers from unreasonable “nuclear verdicts” and stabilize insurance costs for the trucking industry.
Wisconsin Supreme Court Accepts Redistricting Case; Protasiewicz Will Not Recuse
The Wisconsin Supreme Court has accepted a lawsuit challenging the legality of Wisconsin’s state legislative maps. Two petitions for original action were filed in August, each asking the supreme court to bypass the typical trial and appellate court process and rule that Wisconsin’s current state legislative maps are unconstitutional.
Legislative Update: January–July 2023
As is often the case, the first sixth months of the 2023-24 legislative session were largely focused on the biennial budget process. The Wisconsin Civil Justice Council has worked to maintain and improve the state’s civil litigation climate by providing input on the state budget and other relevant pieces of legislation.
5 Walworth, LLC v. Engerman Contracting, Inc. (CGL Coverage)
In 5 Walworth, LLC v. Engerman Contracting, Inc. (2023 WI 51), the Wisconsin Supreme Court held that three insurers were not entitled to summary judgement on their duty to defend several companies under the terms of their commercial general liability policies.
Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau (Anti-Assignment Clause)
In Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau (2023 WI 42), the Wisconsin Supreme Court did not reach a decision in a case involving an insurer’s duty to defend and the applicability of an anti-assignment clause. As a per curiam opinion, the supreme court’s decision did not establish a precedent; however, the published court of appeals decision was affirmed.
Fleming v. Amateur Athletic Union of the United States, Inc. (Statute of Limitations)
In Fleming v. Amateur Athletic Union of the United States, Inc. (2023 WI 40), the Wisconsin Supreme Court held that an extended statute of limitations did not apply to a negligence claim.