Rep. André Jacque and Sen. Paul Farrow have introduced legislation (Senate Bill 22/Assembly Bill 29) that will allow juries in personal injury cases to see all the evidence when determining the amount required to compensate a plaintiff for his or her past medical expenses. Continue reading “Legislation Eliminates Phantom Damages”
Tag: Civil Justice
Legislation Introduced Provides Transparency in Government Retention of Plaintiffs’ Attorneys on Contingency Fee Basis
Rep. Mike Kuglitsch (R-New Berlin) and Sen. Glenn Grothman (R-West Bend) have introduced legislation (SB 19) that provides greater transparency and oversight when the State of Wisconsin hires private plaintiffs’ attorneys on a contingency fee basis. Continue reading “Legislation Introduced Provides Transparency in Government Retention of Plaintiffs’ Attorneys on Contingency Fee Basis”
Legislation Introduced Limiting Double-Dipping in Personal Injury Cases
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”
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”
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”
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”
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.
Wisconsin’s Business Climate Continues to Improve Thanks to Civil Justice Reforms
Wisconsin’s business climate continues to improve thanks to the pro-growth reforms enacted during the 2011-12 legislative session, including recently enacted civil justice reforms.
Wisconsin jumped up to No. 13 in the nation according to Site Selection Magazine’s “Top U.S. Business Climates” survey. The study listed a state’s legal climate as a top issue for corporate executives when deciding where to locate its business. The study included other factors, such as regulatory procedures and ease of permitting, economic development, taxes, utility and transportation infrastructure, and workforce skills.
Continue reading “Wisconsin’s Business Climate Continues to Improve Thanks to Civil Justice Reforms”