A legal publication recently noted the efforts in Wisconsin to defeat a number of provisions that would have greatly expanded liability and increased litigation. The Wisconsin Civil Justice Council and the Wisconsin Defense Counsel, along with a vast coalition of state associations and businesses, were successful in convincing the Legislature to remove the contributory negligence provisions (including language to reinstate joint and several liability) from the budget bill.

The publication explains:

Assembly Bill 75 “would have reinstituted joint and several liability for defendants found to be less than 51 % at fault, as long as the defendant’s fault exceeded that of the plaintiff�

[Governor] Doyle’s proposal would have allowed plaintiffs’ attorneys to target minimally liable defendants with deep pockets. Wisely, both the Assembly and Senate removed the governor’s handiwork from the budget bill before final passage.”