Author: Hamilton

Supreme Court to Decide Scope of Discovery in Arbitration Case

Posted on by Hamilton

IDS Property Casualty Insurance Company issued an automobile insurance policy to the Marlowes (the plaintiffs). The uninsured provision contained an arbitration agreement which provided that the “local rules of law as to procedures and evidence will apply” to the arbitration.

Following a car accident, the Marlowes asserted an uninsured motorist (UM) claim under the IDS policy, and the parties agreed to arbitrate the claim. IDS subsequently requested discovery from the Marlowes, including depositions, the production of medical records, and an independent medical examination. Continue reading “Supreme Court to Decide Scope of Discovery in Arbitration Case” →

High Court Hears Oral Argument in UIM Case Determining Whether Policy Excluding Self-Insured Vehicles is Lawful

Posted on by Hamilton

The Wisconsin Supreme Court on Tuesday, October 9 heard oral argument in a case dealing with underinsured coverage (UIM). The case arose from an automobile accident which killed Lynn Bethke. Bethke collided with a driver who was operating a rental car owned by AVIS Rent-a-Car. Continue reading “High Court Hears Oral Argument in UIM Case Determining Whether Policy Excluding Self-Insured Vehicles is Lawful” →

“The Next Asbestos” – False Advertising and Mislabeling Class Action Lawsuits Against the Agriculture, Food and Beverage Industry

Posted on by Hamilton

Plaintiffs’ lawyers are always looking to identify “the next asbestos.” This is the next wave of litigation that will allow them to file multiple cases, all over the country, against defendants with deep-pockets, so they can obtain large recoveries over a long period of time – just like they did in asbestos cases (and still do, at least in some jurisdictions). It turned out that litigation against tobacco companies also fit this description. Litigation against lead paint/pigment companies and silica companies did not. Continue reading ““The Next Asbestos” – False Advertising and Mislabeling Class Action Lawsuits Against the Agriculture, Food and Beverage Industry” →

Wisconsin Supreme Court Review and Preview

Posted on by Hamilton

The Madison Federalist Society will hold a luncheon program on Thursday, September 27 titled, “Wisconsin Supreme Court Review and Preview.”

The speaker will be Prof. Rick Esenberg, who is an adjunct law professor at Marquette Law School and President and General Counsel of the public interest law firm, Wisconsin Institute for Law and Liberty.

Prof. Esenberg will review the more noteworthy decisions from the Supreme Court’s 2011-12 term, and will preview a few important cases that will be before the Court in its 2012-13 term.

The event is from 11:30 a.m. to 1:00 p.m. at the Madison Club. The cost is $20 for non-Federalist Society members, and $15 for Federalist Society members, and includes lunch.

Email Andrew Cook if you are interested in attending the event.

Poll: 9 out 10 Say Lawsuit Abuse Is a Problem

Posted on by Hamilton

A recent poll conducted by the American Tort Reform Association and the grassroots Sick of Lawsuits released a national survey finding that a strong majority of people believe lawsuit abuse hurts economic growth, job creation, and U.S. competitiveness.

Below are a few specific findings from the poll:

  • 89 percent surveyed think that lawsuit abuse is a problem (34 percent say a “major problem,” 35 percent  say a “big problem,” and 21 percent say a “minor problem”). Only five percent say lawsuit abuse is not a problem at all.
  • 60 percent believe that the number of lawsuits filed against businesses has hurt the U.S. economy.
  • Nearly four of five surveyed (78 percent) believe there are too many lawsuits, with 8 percent thinking there are too few, and 3 percent who say there are about the right amount.

Click here to read the entire study.

Wisconsin’s Lawsuit Climate Ranking Increases Thanks to Tort Reforms Enacted in 2011-12

Posted on by Hamilton

Wisconsin moved up seven spots, from No. 22 to No. 15, in the U.S. Chamber Institute for Legal Reform’s latest lawsuit climate study: 2012 State Liability Systems Survey, Lawsuit Climate: Ranking the States.[1] The survey of over 1100 corporate attorneys and executives focused on a number of criteria, including each state’s overall treatment of tort and contract litigation, treatment of class action lawsuits, damages, and judges’ impartiality.

“Thanks to the significant tort reforms enacted during last session by the Wisconsin Legislature and Gov. Scott Walker, Wisconsin’s litigation climate has improved and the state is a better place to do business,” said Bill G. Smith, President of the Wisconsin Civil Justice Council (WCJC) and Wisconsin Director of the National Federation of Independent Business (NFIB).

The first bill introduced was comprehensive tort reform legislation, which eventually became 2011 Wisconsin Act 2. The legislation brought Wisconsin back into the mainstream and overturned a number of negative decisions issued by the Wisconsin Supreme Court in the 2005-06 term.

During Gov. Walker’s second special session in the fall of 2011, the Legislature enacted three more substantive tort reforms.[2] Continue reading “Wisconsin’s Lawsuit Climate Ranking Increases Thanks to Tort Reforms Enacted in 2011-12” →

Justice Ziegler Recuses Herself from Prosser Case

Posted on by Hamilton

Justice Ziegler is the latest Justice to decide to recuse herself from the case brought by the Wisconsin Judicial Commission against Justice David Prosser in response to the alleged altercation between Justice Ann Walsh Bradley and Justice Prosser.

Justice Patience Roggensack previously recused herself from the case, and Justice Prosser has indicated he would not hear the case. Therefore, if one more justice withdraws from the case, it is likely it will not go forward given that the Court needs four justices to have a quorum.

Justice Patrick Crooks has decided that he will sit on the case should it go forward. Chief Justice Shirley Abrahamson, Justice Ann Walsh Bradley, and Justice Michael Gableman have not decided whether to sit on the case. However, many experts expect Justice Gableman will recuse himself, and therefore deny the Court a quorum.

WCJC Welcomes New Directors

Posted on by Hamilton

At its annual meeting on June 29, 2012 the Wisconsin Civil Justice Council welcomed three new members to its board of directors: Bill Sepic, Bryce Tolefree, and Laurie Fischer.

Bill Sepic is President of the Wisconsin Automobile & Truck Dealers Association Inc. Sepic is replacing former WATDA representative Mary Ann Gerrard.

Bryce Tolefree, who is associate general counsel at American Family Mutual Insurance Co. and Past President of the Wisconsin Defense Counsel, will take over for Michael P. Crooks as WDC’s representative on the WCJC board.

Laurie Fischer, Executive Director of the Wisconsin Dairy Business Association, will join the board as a new member representing an additional sector of Wisconsin businesses interested in promoting fairness and equity in Wisconsin’s civil justice system.

Returning members of the board of directors include:

President – Bill G. Smith
State Director
National Federation of Independent Business

Vice-President – James Buchen, Esq.
Senior Vice President, Government Relations
Wisconsin Manufacturers & Commerce

Treasurer – Andrew Franken
President
Wisconsin Insurance Alliance

Secretary – Jerry Deschane
Executive Vice President
Wisconsin Builders Association

John Mielke
Director of Government Relations
Associated Builders & Contractors of Wisconsin

James Boullion
Director of Government Affairs
Associated General Contractors of Wisconsin, Inc.

Beata Kalies
Director of Government Relations
Electric Cooperatives

Gary Manke
Executive Vice President-CEO
Midwest Equipment Dealers Association

Nickolas George
President
Midwest Food Processors Association, Inc.

Eric Borgerding
Executive Vice President
Wisconsin Hospital Association

Mark Grapentine, Esq.
Senior Vice President, Government Relations
Wisconsin Medical Society

Thomas Howells
President
Wisconsin Motor Carriers Association

Matthew Hauser
President
Wisconsin Petroleum Marketers & Convenience Store Association

Edward Lump
President and CEO
Wisconsin Restaurant Association

Members of WCJC’s board of directors serve three year terms.

WCJC President Bill G. Smith, Vice-President James Buchen, Treasurer Andy Franken, and Secretary Jerry Deschane were elected to an additional one year term in their respective executive officer positions.