Rep. André Jacque (R-DePere) and Sen. Glenn Grothman (R-West Bend) recently introduced SB 13/AB 19, which provides transparency and prevents fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation. Continue reading “Legislation Introduced Limiting Double-Dipping in Personal Injury Cases”
Author: Hamilton
Legislature Introduces Legislation Limiting Phantom Damages
Two Wisconsin legislators (Rep. André Jacque (R-DePere) and Sen. Paul Farrow (R-Pewaukee)) have introduced Senate Bill 22, which abrogates the collateral source rule in personal injury cases, thereby allowing defendants to introduce evidence of the amounts actually paid to cover the plaintiff’s medical expenses. Continue reading “Legislature Introduces Legislation Limiting Phantom Damages”
One on One Interviews with Wisconsin Supreme Court Candidates
Wisconsin Supreme Court Justice Patience Roggensack is up for reelection for a 10-year term on the court, and she is being challenged by Wisconsin’s “King of Lemon Laws,” Vince Megna, and Marquette University Law School professor Edward Fallone. WisconsinEye recently sat down with each of the candidates for one on one interviews that touched on judicial philosophy, the role of court, and issues that may come before the court. Continue reading “One on One Interviews with Wisconsin Supreme Court Candidates”
Megna Receives False Rating from PolitiFact Over Act 92
Last session WCJC supported 2011 Wisconsin Act 92, which sets forth a number of criteria courts are to consider when awarding attorneys’ fees in fee-shifting cases. The act also sets a rebuttable presumption that attorneys’ fees are no more than three times compensatory damages. Trial attorney Vince Megna, who is running for a seat on the Wisconsin Supreme Court, recently got a false rating from PolitiFact after he alleged Act 92 destroyed 200 Wisconsin consumer laws. Continue reading “Megna Receives False Rating from PolitiFact Over Act 92”
2013 Wisconsin Supreme Court Guide and Judicial Evaluation
The Wisconsin Civil Justice Council’s 2013 Guide to the Wisconsin Supreme Court and Judicial Evaluation, which highlights the most important business decisions issued by the court over the past two years, is now available.
Continue reading “2013 Wisconsin Supreme Court Guide and Judicial Evaluation”
Candidates/Date Set for Wisconsin Supreme Court Election
The 2012 election season may be over, but wait – there’s more! Wisconsin Supreme Court Justice Patience Roggensack is up for reelection for a 10-year term on the court, and she is being challenged by Wisconsin’s “King of Lemon Laws,” Vince Megna, and Marquette University Law School professor Edward Fallone.
Though Wisconsinites are perhaps weary of elections, the February 19 primary and April 2 general election are not ones to miss. The primary will determine which two candidates appear on the ballot for the general election, meaning the incumbent is not guaranteed a spot on the ballot.
Key dates in the Supreme Court race:
- Tuesday, February 19, 2013 – Primary Election Day (Top two vote-getters advance)
- Tuesday, April 2, 2013- General Election Day
Article Highlights Recently Enacted Civil Liability Reforms throughout the Country
The Federalist Society this week published an article, Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges, authored by WCJC’s Andrew Cook discussing the numerous civil liability reform bills passed throughout the country the last two years. In addition, the article discusses recent decisions involving state court challenges to previously enacted civil liability reforms.
The article notes that over the last two years numerous civil liability reforms have been enacted in nearly half of the states, with Wisconsin leading the way. Other states passing multiple civil liability reforms during the 2011-12 legislative sessions include Alabama, North Carolina, and Tennessee. Continue reading “Article Highlights Recently Enacted Civil Liability Reforms throughout the Country”
Final Disposition of 2011-2012 Legislation
Assembly Bills
| Links | Summary/Status |
|---|---|
SS AB 12Committee |
Attorney FeesSummary: Requires courts to consider 14 criteria when awarding reasonable attorney fees and caps court awarded attorneys fees at three times compensatory damages. Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Failed to pass pursuant to Senate Joint Resolution 1. |
SS AB 13Committee |
Attorney FeesSummary: Provides immunity from liability to drug and device manufacturers and sellers under certain circumstances Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary and Ethics; Failed to pass pursuant to Senate Joint Resolution 1. |
SS AB 14Committee |
Interest Rates on JudgmentsSummary: Under current law, Wisconsin has one of the highest pre- and post-judgment interest rates in the nation at 12 percent. This bill sets the interest rate on judgments for tort cases and consumer protection cases at one percent plus the prime rate as reported by the Federal Reserve Board until the amount is paid. Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Passage as amended recommended (5-3) Nov. 1. Laid on the table Nov. 3, 2011. |
SS AB 22Committee |
Trespasser LiabilitySummary: Codifies existing common law as it pertains to the duty of care that possessors of land owe to trespassers and to prevent courts from adopting the new Restatement Third Torts, which expands liability for possessors of land. Status: Introduced Oct. 18, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Passage as amended recommended (7-1) Nov. 1; Laid on the table Nov. 3, 2011. |
AB 40Finance |
State BudgetSummary: State finances and appropriations. Status: Introduced March 1, 2011. Referred to Joint Committee on Finance; Statewide public hearings held by Joint Finance; Passed the Assembly (60-38) June 14; Passed the Senate (19-14) June 16; Presented to the Governor June 24; Approved by the Governor with partial veto June 26; Published July 7 |
AB 147Severson |
Statements of Condolence by Healthcare ProviderSummary: Provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or patient’s relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest. Status: Introduced May 23, 2011. Referred to Assembly committee on Health; Public hearing held June 1; Passage recommended (7-3) Sept. 7; Passed the Assembly (62-33, paired 2) Nov. 1; Referred to Senate committee on Judiciary, Utilities, Commerce, and Government Operations; |
AB 223Finance |
Administrative Agency ActionsSummary: Eliminates financial and entity size limitations for prevailing parties to be eligible to receive costs in administrative agency actions, allowing an award of costs to any trust or person, other than the state, that is a prevailing party unless the court finds the agency was substantially justified in taking its position or if such an award would be unjust under the circumstances. Status: Introduced Aug. 18,, 2011. Referred to Assembly committee on Judiciary and Ethics; Public hearing held Sept. 29; |
AB 286Kleefisch |
Employment Discrimination – Felony ConvictionsSummary: Permits an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony and preempting cities, villages, towns, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law. Status: Introduced Sept. 29, 2011. Referred to Assembly committee on Labor and Workforce Development; Public hearing held Oct. 12; Passage recommended (6-3) Dec. 7 |
AB 289Litjens |
Employment Discrimination – Compensatory/Punitive DamagesSummary: Eliminates compensatory and punitive damages for acts of employment discrimination or unfair honesty or genetic testing. Status: Introduced Sept. 29, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 27; |
AB 436Taylor |
Employment Applications-Conviction RecordsSummary: Prohibits consideration of the conviction record of an applicant for employment before the applicant has been selected for an interview. Status: Introduced Dec. 20, 2011; Referred to the committee on Criminal Justice and Corrections. |
AB 459Richards |
Punitive DamagesSummary: Eliminates the limitation on the amount of punitive damages that may be awarded to a plaintiff. Status: Introduced Jan. 4, 2012; Referred to the committee on Judiciary and Ethics. |
AB 495Strachota |
LiabilitySummary: Duties and liabilities of ski area operators. Status: Introduced Jan. 25, 2012; Referred to the committee on Tourism, Recreation and State Properties; Public hearing held Feb. 8 |
Senate Bills
| Links | Summary/Status |
|---|---|
SS SB 12Committee |
Attorney FeesSummary: Requires courts to consider 14 criteria when awarding reasonable attorney fees and caps court awarded attorneys fees at three times compensatory damages. Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Oct. 19; Passage as amended recommended (3-2); Passed the Senate (17-15) Oct. 27; Passed the Assembly Nov. 4.; Signed by the Governor as 2011 Wis. Act 92 on Dec. 7, 2011. |
SS SB 13Committee |
Product LiabilitySummary: Provides immunity from liability to drug and device manufacturers and sellers under certain circumstances. Status:Introduced on Oct. 11, 2011. Referred to committee on Judiciary, Utilities, Commerce, and Government Operations; Failed to pass pursuant to Senate Joint Resolution 1. |
SS SB 14Committee |
Interest Rates on JudgementsSummary: Under current law, Wisconsin has one of the highest pre- and post-judgment interest rates in the nation at 12 percent. This bill sets the interest rate on judgments for tort cases and consumer protection cases at one percent plus the prime rate as reported by the Federal Reserve Board until the amount is paid. Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary, Utilities, Commerce, and Government Operations; KPublic hearing held Oct. 26; Passage as amended recommended Nov. 1; Passed the Senate (17-16) Nov. 2; Passed the Assembly (59-36, paired 2) Nov. 3; Signed by the Governor as 2011 Wis. Act 69 on Nov. 18, 2011. |
SS SB 22Committee |
Trespasser LiabilitySummary: Codifies existing common law as it pertains to the duty of care that possessors of land owe to trespassers and to prevent courts from adopting the new Restatement Third Torts, which expands liability for possessors of land. Status: Introduced Oct. 18, 2011; Public hearing held Oct. 26, 2011; Passage as amended recommended (5-0) Nov. 1; Passed the Senate Nov. 2; Passed the Assembly (80-15, paired 2) Nov. 3; Presented to the Governor Dec. 5; Signed by the Governor as 2011 Wis. Act 93 on Dec. 7. |
SB 27Sullivan |
State BudgetSummary: State finances and appropriations. Status: Introduced Mar. 1, 2011; Referred to Joint Committee on Finance; Statewide public hearings held by Joint Finance April 7-13; Laid on the table May 16. |
SB 103Galloway |
Statements of Condolence by Healthcare ProviderSummary: Provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or patient’s relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest. Status: Introduced May 24, 2011; Referred to committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held June 2; Passage as amended recommended (3-2) July 6; |
SB 202Grothman |
Employment Discrimination – Compensatory/Punitive DamagesSummary:Eliminates compensatory and punitive damages for acts of employment discrimination or unfair honesty or genetic testing. Status: Introduced Sept. 27, 2011. Referred to committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Oct. 19; Passage recommended (3-2) Oct. 26; Passed the Senate (17-16) Nov. 3; Concurred in by the Assembly Feb. 21 |
SB 207Darling |
Employment Discrimination – Felony ConvictionsSummary: Permits an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony and preempting cities, villages, towns, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law. Status: Introduced Sept. 28, 2011. Referred to committee on Labor, Public Safety, and Urban Affairs; Public hearing held Oct. 24; Passage as amended recommended (4-1) Nov. 2; |
SB 342Taylor |
Punitive DamagesSummary: Eliminates the limitation on the amount of punitive damages that may be awarded to a plaintiff.. Status: Introduced Dec. 19, 2011; Referred to the Senate committee on Judiciary, Utilities, Commerce, and Government Operations; |
SB 373Taylor |
Product LiabilitySummary: 2011 Wisconsin Act 2 (Act 2) made a number of changes to the law governing civil actions involving product liability claims brought under a theory of strict liability and to civil actions against manufacturers, distributors, sellers, and promoters of products. This bill makes several changes to certain provisions enacted under Act 2. Status: Introduced Jan. 10, 2012; Referred to the Senate committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Jan. 19 |
SB 388Grothman |
LiabilitySummary: Duties and liabilities of ski area operators. Status: Introduced Jan. 19, 2012; Referred to the committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Feb. 8; Passage as amended recommended (3-2) Mar. 2; Passed by the Senate Mar. 7; Referred to the Assembly. |
Updated Mar. 9, 2012
Wisconsin Recognized As Leader in Judicial Hellholes Report
The American Tort Reform Association (ATRA) today released its annual Judicial Hellholes® report, and once again Wisconsin received good news from the report’s “Points of Light” section. Continue reading “Wisconsin Recognized As Leader in Judicial Hellholes Report”
Court Strikes Down Punitive Damages Against Restaurant in Case Involving Human Hair Placed in Food
On December 5, 2012, the Court of Appeals, Dist. II, struck down an award of punitive damages to a patron of Texas Roadhouse who found human hair deliberately placed in his food by the restaurant’s employee.
The jury awarded the plaintiff $100,000 against Texas Roadhouse, which appealed the decision. In reversing the trial court, the court of appeals held that the trial court erred in upholding the punitive damages award because the jury did not find Texas Roadhouse causally negligent.
The case is Hansen v. Texas Roadhouse, Inc., 2010AP3137.