On May 8, a broad national coalition of 35 business associations and tort reform advocates sent a letter to the federal Advisory Committee on Civil Rules regarding third party litigation funding. The letter asks the committee to amend Rule 26 of the Federal Rules of Civil Procedure to require disclosure of a litigation financing agreement in any civil action filed in federal court.
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Finance Committee Overhauls 2023-25 State Budget, Removes Problematic Policies
Last week, the Joint Committee on Finance began voting on motions to reshape the 2023-25 state budget as originally proposed by Gov. Tony Evers (D) in his executive budget. The committee process, expected to conclude by mid-June, will result in the final budget bill that will be voted on by the full Legislature.
Lawsuit Against Burford Capital Reveals Dangers of Litigation Financing
Third party litigation funding or “litigation financing” is a form of investing in which hedge funds and other financiers invest in a lawsuit in exchange for a portion of any settlement or judgement award. The investment provides cash to plaintiffs to litigate a claim, while the financier—thanks to its sophisticated underwriting—anticipates the case to end in a large enough judgement or settlement to satisfy its obligations.
Acuity, a Mutual Insurance Co. v. Estate of Shimeta (UIM Coverage)
In Acuity, a Mutual Insurance Co. v. Estate of Shimeta (2023 WI 28), the Wisconsin Supreme Court held that an insurance policy’s reducing clause applied individually to each person insured, rather than limiting the insurer’s total liability for the accident.
Banuelos v. University of Wisconsin Hospitals and Clinics Authority (Health Care Record Fees)
In Banuelos v. University of Wisconsin Hospitals and Clinics Authority (2023 WI 25), the Wisconsin Supreme Court held that Wisconsin law did not permit a health care provider to charge any fee to a patient’s attorneys for providing an electronic copy of her health care records.
Secura Supreme Insurance Company v. Estate of Huck (UIM Coverage)
In Secura Supreme Insurance Company v. Estate of Huck (2023 WI 21), the Wisconsin Supreme Court held that an insurance policy’s reducing clause could only be applied to the net amount received by an insured estate after the estate made a statutorily required reimbursement to another insurer.
2023 Wisconsin Spring Election Results: Protasiewicz Defeats Kelly in Supreme Court Race
Wisconsin held its 2023 spring general election on April 4. Spring elections in Wisconsin are officially nonpartisan and include offices such as judges, mayors, local legislative bodies, and school boards. Several notable races and referenda were on the ballot this year, including an open seat on the Wisconsin Supreme Court.
Wisconsin Civil Justice Council Issues 2023 Guide to the Wisconsin Supreme Court and Judicial Evaluation
The Wisconsin Civil Justice Council (WCJC) today released its 2023 Guide to the Wisconsin Supreme Court and Judicial Evaluation, which reviews the most important decisions issued by the Wisconsin Supreme Court that affect the Wisconsin business community. The 2023 Judicial Evaluation covers the 2019-20, 2020-21, and 2021-22 terms of the court.
Supreme Court Candidates Kelly, Protasiewicz Win Primary
In Wisconsin’s spring primary, held February 21, four candidates were on the ballot for an open seat on the Wisconsin Supreme Court. Former Justice Daniel Kelly, a judicial conservative, and Milwaukee County Judge Janet Protasiewicz, a judicial liberal, were the top two vote-getters. They will face off in the general election on April 4.
Gov. Evers Delivers 2023-25 Budget Address, Including Problematic New Ways to Sue Businesses
Gov. Evers (D) gave his third biennial budget address on February 15, unveiling his 2023-25 executive budget recommendations. He proposes an operating budget of $103.8 billion over the next two fiscal years, adding a net 816.55 full-time equivalent positions. For comparison, the 2021-23 state budget spent $87.5 billion with a net reduction of 174.19 FTE positions.