Author: Hamilton

April 1 Supreme Court Election

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Wisconsin voters will be voting April 1st to elect a new supreme court justice for a ten-year term.  Dane County Judge Susan Crawford and Waukesha County Judge Brad Schimel are squared off to see which of them will fill a seat being vacated due to the retirement of Justice Ann Walsh Bradley.

Although the legislative and executive branches make decisions that significantly affect the business community, the decisions of the Supreme Court of Wisconsin also have a substantial effect on Wisconsin’s business environment. Because the Supreme Court of Wisconsin is often the final decision-maker regarding how or whether legislative and regulatory initiatives are implemented, decisions by the seven justices often have a large effect on Wisconsin businesses.

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Protecting Motor Carriers, Consumers from Unreasonable Nuclear Verdicts

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Last session, WCJC successfully advanced through both houses of the legislature SB 613, legislation to create a $1 million per-victim cap on the recovery of noneconomic damages from trucking companies and commercial drivers. Authored by Sen. Cory Tomczyk (R-Mosinee) and Reps. Rick Gundrum (R-Slinger) & John Spiros (R-Marshfield), the aim of the bill was to protect motor carriers from unreasonable “nuclear verdicts” and stabilize insurance costs for the trucking industry. Unfortunately, Gov. Evers (D) vetoed the legislation.

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Wisconsin Civil Justice Council Gives Outstanding Leadership Awards for 2023-24 Legislative Session

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The Wisconsin Civil Justice Council recently awarded several legislators for their work during the 2023-24 legislative session. WCJC presented Reps. John Spiros and Rick Gundrum and Sen. Cory Tomczyk with the Outstanding Leadership Award for their work on Senate Bill 613, legislation to limit excessive damage awards against trucking companies and commercial drivers.

Legislative Update: 2023-24 Session Concludes With Few Changes to Civil Justice Policy

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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.

Legislature Passes Bill to Protect Motor Carriers, Consumers from Unreasonable Nuclear Verdicts

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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

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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

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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.

Wisconsin Supreme Court Accepts Redistricting Case; Protasiewicz Will Not Recuse

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The Wisconsin Supreme Court has accepted a lawsuit challenging the legality of Wisconsin’s state legislative maps. Two petitions for original action were filed in August, each asking the supreme court to bypass the typical trial and appellate court process and rule that Wisconsin’s current state legislative maps are unconstitutional.