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.
Category: WCJC News
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.
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.
Litigation Financing: Coalition Asks Federal Committee to Adopt Disclosure Rule
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.
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.
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.