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”
Category: Editorials
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”
One on One Interviews with Wisconsin Supreme Court Candidates
Wisconsin Supreme Court Justice Patience Roggensack is up for reelection for a 10-year term on the court, and she is being challenged by Wisconsin’s “King of Lemon Laws,” Vince Megna, and Marquette University Law School professor Edward Fallone. WisconsinEye recently sat down with each of the candidates for one on one interviews that touched on judicial philosophy, the role of court, and issues that may come before the court. Continue reading “One on One Interviews with Wisconsin Supreme Court Candidates”
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”
Candidates/Date Set for Wisconsin Supreme Court Election
The 2012 election season may be over, but wait – there’s more! Wisconsin Supreme Court Justice Patience Roggensack is up for reelection for a 10-year term on the court, and she is being challenged by Wisconsin’s “King of Lemon Laws,” Vince Megna, and Marquette University Law School professor Edward Fallone.
Though Wisconsinites are perhaps weary of elections, the February 19 primary and April 2 general election are not ones to miss. The primary will determine which two candidates appear on the ballot for the general election, meaning the incumbent is not guaranteed a spot on the ballot.
Key dates in the Supreme Court race:
- Tuesday, February 19, 2013 – Primary Election Day (Top two vote-getters advance)
- Tuesday, April 2, 2013- General Election Day
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”
Wisconsin Supreme Court Accepts New Cases
The Wisconsin Supreme Court twice this month has issued a list of new cases it plans to hear and decide over the next few months. To view the list of the cases accepted by the court along with of a summary of each, click here and here.
WCJC will provide a summary of each case of interest to the business community when oral arguments take place and after the court issues a decision.