State Court Challenges to Legislatively Enacted Tort Reforms

The Summer 2011 edition of the Federalist Society’s State Court Docket Watch features an article co-authored by Andrew Cook, Legislative Director of the Wisconsin Civil Justice Council and a lobbyist and attorney with the Hamilton Consulting Group, and Great Lakes Legal Foundation staff attorney Emily Kelchen.

State Court Challenges to Legislatively Enacted Tort Reforms provides a summary of recent state supreme court cases in which opponents of civil liability reform have challenged reform laws, mostly on constitutional grounds. The article also provides a summary of the recent reforms in Wisconsin law and an analysis of past Wisconsin reforms that were found unconstitutional.