The Wisconsin Supreme Court on Friday, July 12, 2013 held that an insurance company had no duty to defend and indemnify an owner of property who hosted an underage drinking party because there was no “accident” and therefore no “occurrence” under the insurance policy. The case is Schinner v. Gundrum, 2013 WI 73. Continue reading “Supreme Court Decides Insurance Company Is Not Liable for Physical Assault that Occurred at Underage Drinking Party”
Category: Editorials
Civil Justice Reforms Move Forward
Now that it has completed work on the 2013-15 budget bill, the Wisconsin Legislature will take a summer recess and will reconvene in September. Legislative committees will continue to hold public hearings and vote on individual bills.
For the Wisconsin Civil Justice Council (WCJC), the first portion of the 2013-14 legislative session has been very active and successful. Numerous bills supported by WCJC have received public hearings, passed the Assembly and await action in the Senate. We fully expect the Senate to pass these bills when the Legislature reconvenes in the fall.
Below is an update of bills of interest to WCJC. For more information on these bills, please visit WCJC’s website. Also, please contact Andy Cook or Bob Fassbender with any questions. Continue reading “Civil Justice Reforms Move Forward”
Legislature Adopts Budget Provision Retroactively Applying Lead Paint Provisions
In 2011, Gov. Scott Walker introduced and the Legislature passed the omnibus civil liability reform bill (2011 Wisconsin Act 2). One of Act 2’s provisions overturned the Thomas v. Mallet decision, which established the “risk contribution” theory in lead paint cases. The legislature is considering retroactively applying the Act 2 standard to all cases. Continue reading “Legislature Adopts Budget Provision Retroactively Applying Lead Paint Provisions”
Lemon Law Reform Passes Assembly in Bi-Partisan Vote
The Wisconsin Assembly voted 88-8 to enact long-needed changes to Wisconsin’s Lemon Law. AB 200 makes several significant changes to Wisconsin’s law, as outlined in this memo from the Wisconsin Civil Justice Council and other supporters, but paramount is the elimination of the punitive double damages mandate. Continue reading “Lemon Law Reform Passes Assembly in Bi-Partisan Vote”
Wisconsin Lemon Law Reforms Generating National Attention
The American Tort Reform Association (ATRA) has posted a story and video about the positive reforms contained in Assembly Bill 200 and the “Lemon Law King’s” opposition to them. Continue reading “Wisconsin Lemon Law Reforms Generating National Attention”
Assembly Introduces Lemon Law Bill
Rep. Bill Kramer (R-Waukesha) has introduced Assembly Bill 200, which will help bring Wisconsin’s lemon law back into the mainstream with a number of reasonable changes. Continue reading “Assembly Introduces Lemon Law Bill”
Assembly Advances Civil Justice Legislation
The Wisconsin Assembly today passed three bills, AB 19, AB 27 and AB 139, that will improve Wisconsin’s litigation climate, making Wisconsin a more attractive place to do business.
Video of the floor debate is available from WisconsinEye. Continue reading “Assembly Advances Civil Justice Legislation”
WSJ Examines Close Relationship Between Some Doctors & Asbestos Lawyers
A recent article in the Wall Street Journal (subscription required) reports on the close relationships between some doctors who treat mesothelioma patients, and the plaintiffs’ attorneys who litigate asbestos lawsuits.
The report details significant contributions to mesothelioma research made by some such attorneys, as well as some asbestos lawyers sending “elaborate gift baskets” to doctors, providing tickets to “professional sporting events,” or offering “paid work as expert witnesses.” According to the report, the doctors then serve as referrers and marketing tools, giving an edge to doctor-favored attorneys seeking to represent mesothelioma clients.
The article explains the cases are a hot commodity in the legal world because “Mesothelioma patients are in high demand by plaintiffs’ attorneys. A single successful mesothelioma case against companies that made asbestos products can be worth an average of $1.5 million to $2 million, according to legal consultants. The plaintiffs’ lawyers get anywhere from 30% to 40% in fees.”
Civil Justice Bills Headed to the Floor
The Wisconsin Assembly has scheduled a floor vote for Wednesday, May 8 on three bills that are a priority for the Wisconsin Civil Justice Council (WCJC).
- Personal Injury Trust Claims Transparency (AB 19): The purpose of this legislation is to provide transparency and prevent fraud involving personal injury trusts by creating certain discovery requirements during litigation. Numerous types of personal injury trusts have been created under the federal bankruptcy code and state laws to ensure that injured people can be properly compensated. In some instances, plaintiffs who file (or could file) claims with these personal injury trusts may also seek compensation for their injuries through a second channel – lawsuits against solvent defendants (i.e., businesses) in the courts. The ability of plaintiffs to seek multiple recoveries – without any transparency regarding these multiple recoveries – is what this bill addresses. For more information, see WCJC’s talking points. Also, click here to read a Wall Street Journal editorial discussing a similar law enacted in Ohio.
- Transparency in Private Attorney Contracting (TIPAC) (AB 27): The interests of private plaintiffs’ attorneys are not always aligned with the interests of a state and its citizens. Private plaintiffs’ attorneys who are given complete control of litigation may seek settlements and judgments that maximize their profit rather than the benefit to a state and its citizens. And private attorneys have received excessive fees for their work on behalf of states in some cases. This legislation ensures that consumers, victims, and taxpayers receive their fair share of any recovery. For more information, see WCJC’s talking points. Also, click here to read a Wall Street Journal article discussing similar legislation that has been enacted in other states.
- Physician Informed Consent (AB 139): This legislation clarifies a negative Wisconsin Supreme Court decision (Jandre v. Wisconsin Injured Patients and Families Compensation Fund) dealing with a physician’s duty of informed consent.
For more information about each of these bills, see WCJC’s website. Please contact Bob Fassbender or Andy Cook with any questions.
Legislature Considers Lemon Law Reforms
A coalition of vehicle manufacturers and dealers, including Hamilton Consulting clients, are supporting a Lemon Law reform bill being circulated by Sen. Jerry Petrowski (R-Marathon) and Rep. Bill Kramer (R-Waukesha). Continue reading “Legislature Considers Lemon Law Reforms”