Category: Legislation

Gov. Evers Budget Would Restore Qui Tam, Reverse Extraordinary Session

Posted on by Hamilton

In his 2019-21 state budget address, Gov. Tony Evers proposed several reforms related to Wisconsin civil procedure. Most notably, the governor is seeking to restore private individuals’ ability to bring qui tam claims by reviving the False Claims Act. WCJC supported the repeal of the False Claims Act in the 2015-16 state budget. Read about the budget proposal’s qui tam provisions and other notable budget provisions below.

 

Qui tam

 Qui tam claims are claims initiated by private individuals on their own behalf and on behalf of the state. Prior to the 2015-16 budget repeal, Wisconsin’s False Claims Act allowed private individuals to bring qui tam claims against persons who make false claims for Medical Assistance. Evers’s proposal goes even further than Wisconsin’s previous qui tam law by applying the law not only to Medicaid fraud and but to all state agencies. The Wisconsin Civil Justice Council helped repeal the law in 2015 and will work hard to ensure that it is not enacted back into law. Read more about the budget’s qui tam provision.

 

Extraordinary session

Evers is proposing the repeal of parts of the 2018 extraordinary session legislation. Evers suggests a full repeal of Act 370 which gives the legislature oversight of agency waiver requests, allows Joint Finance Committee oversight of Medicaid program changes, and codifies Medicaid work requirements and substance abuse screening for FoodShare.

Evers also proposes repealing provisions of Act 369 including:

  • The requirement that the legislature approve settlements by the attorney general.
  • The requirement that the attorney general deposit all settlement funds into the general fund.
  • The ability of the legislature to intervene in lawsuits involving the state.
  • The ability of the legislature to obtain outside legal counsel.
  • The definition and public transparency requirements for agency guidance documents.
  • The requirement that agencies cite statutes supporting any interpretation of law they publicly provide.

 

Settlement funds

In addition to eliminating the current requirement that all settlement funds go to the general fund, Evers proposes new appropriations for settlement funds in DOJ. These new appropriations include:

  • An appropriation to administer and remit payments received by DOJ that are owed to relators (i.e. in qui tam actions).
  • An appropriation to administer settlement funds where the terms of the settlement specify how the funds should be used.
  • An appropriation to administer settlement funds where the terms of the settlement do not specify how the funds should be used. This appropriation may be used in DOJ at the attorney general’s discretion.
  • A requirement that DOJ submit semiannual reports to the Joint Finance Committee on how settlement funds are spent.

 

Judicial Council

Evers’s budget proposal does not restore funding or position authority to the Judicial Council. Former Gov. Scott Walker defunded the Judicial Council in the 2017-19 state budget after the Supreme Court sent an orderto DOA that it will no longer transfer funds to DOA in support of the Judicial Council. While the Judicial Council lacks funding, the statute (Wis. Stat. § 20.670) creating the Judicial Council remains in place.

The Judicial Council’s proposed budget details performance measures and results from 2017 continuing into 2021. The Judicial Council’s goals for 2019, 2020, and 2021 include:

  • Drafting and filing a Supreme Court petition to update rules regarding duty to preserve evidence in civil case.
  • Reviewing ways to incorporate Federal Rules of Evidence into Wisconsin’s rules.
  • Review modifications to the Rules of Civil Procedure created by 2017 Act 235 to update the act with Federal Rules of Civil Procedure. WCJC supported Act 235 in the 2017-18 session.

DPW Files Extraordinary Session Challenge

Posted on by Hamilton

The Democratic Party of Wisconsin (DPW) has filed a complaint seeking to declare the 2018 extraordinary session legislation in violation of the U.S. Constitution. The complaint, one of several challenges to the extraordinary session, alleges that the legislation violates the plaintiffs’ First and Fourteenth amendment rights, as well as the Guarantee Clause.

The U.S. Constitution Art. 4 § 4 guarantees states a republican form of government. DPW’s complaint alleges that the Republican legislature violated the Guarantee Clause by removing powers from the incoming Democratic administration to the legislature.

DPW also claims that the extraordinary session violated the plaintiffs’ First Amendment rights to free association and free speech because the state legislature retaliated against Democratic candidates based on their political viewpoints by limiting their ability to enact their policy preferences via the newly elected Democratic Gov. Tony Evers and Attorney General Josh Kaul.

Finally, DPW argues the legislation violates the Fourteenth Amendment’s Equal Protection Clause because it dilutes the power of Democratic votes.

The complaint is the first federal challenge to the extraordinary session legislation. Other challenges in state courts argue that the extraordinary session was not convened in accordance with the Wisconsin Constitution (League of Women Voters v. Knudson) and that the legislation violates the state Constitution’s separation of powers principles (Service Employees International Union v. Vos).

Evers Supports Unions in Act 369 Challenge

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Gov. Tony Evers has filed a motion asking the Dane County Circuit Court to grant a temporary injunction on several provisions of the 2018 extraordinary session legislation. The plaintiffs in this challenge include a coalition of labor unions and state Sen. Janet Bewley (D-Mason). Evers, who is a defendant in the lawsuit, argues that the plaintiffs are likely to succeed in their claims that provisions of 2017 Act 369 and 2017 Act 370 are unconstitutional. Note that Evers is also seeking to repeal the legislation in his 2019-21 budget proposal.

Evers’s brief claims that those provisions violate constitutional separation of powers principles by interfering with the governor’s authority to interpret the law and to prosecute cases on behalf of the state via the attorney general. The brief further argues the increased legislative oversight of agency decisions creates an unconstitutional “legislative veto” and violates constitutional bicameralism and quorum requirements.

Specifically, Evers’s brief supports the plaintiffs’ challenge of Act 370 provisions that require legislature approval of agency requests to the federal government and Act 369 provisions that

  • Create a definition and public transparency requirements for agency guidance documents.
  • Require the Department of Administration to send notice to the Joint Committee on Legislative Organization (JCLO) of any proposed changes to security at the capitol. JCLO then holds a 14-day passive review period on the proposed changes.
  • Require a Joint Finance Committee (JFC) 14-day passive review period for any new enterprise zone proposed by the Wisconsin Economic Development Corporation.
  • Allow the legislature to intervene in an action challenging the constitutionality or validity of a statute.
  • Shift the authority to approve the attorney general’s compromising or discontinuing an action from the governor to JFC.
  • Require JCLO authority for the attorney general to submit to JFC a settlement plan that acknowledges the unconstitutionality of a statute.
  • Give JCLO the authority to acquire office space for legislative offices or legislative service agencies.
  • Allow the Joint Committee for Review of Administrative Rules to suspend a rule multiple times.

In addition to what the plaintiffs are challenging, Evers suggests the court place an injunction on Act 369 sections that

  • Require agencies to cite statutes supporting any interpretation of law they publicly provide.
  • Allow JCLO to intervene in cases involving the state and in other matters.

Note that Evers does not challenge the Act 369 provision codifying the recent Supreme Court decision in Tetra Tech v. DOR that eliminated the practice of courts’ deference to agency interpretations of law.

This case is one of several challenges to the extraordinary session legislation enacted in December 2018. Another lawsuit from the League of Women Voters, Disability Rights of Wisconsin, and Black Leaders for Organizing Communities argues that the extraordinary session was not convened in accordance with the Wisconsin Constitution, which authorizes the legislature to meet only as provided by law or when convened by the governor (Wis. Const. Art. IV, § 11). The Democratic Party of Wisconsin recently filed another challenge alleging that the legislation violates the U.S. Constitution.

 

Financial Exploitation Cause of Action Legislation Introduced

Posted on by Hamilton

Sen. Bob Wirch (D-Racine) has introduced legislation (SB 41) that would create a new civil cause of action for financial exploitation of a vulnerable person. The bill awards prevailing plaintiffs treble damages (economic and noneconomic), attorney fees, and fees for services of any guardian ad litem incurred because of the litigation.

The bill allows the injured vulnerable person, the person’s guardian, or a representative of the person’s estate to bring an action for financial exploitation. SB 41 defines “vulnerable person” as an elderly, financially incapable, or incapacitated person, or a person with a disability who is susceptible to coercion because of his or her impairment.

According to Wirch’s cosponsorship memo, the bill is modeled after an Oregon law. Only three other states (Arizona, California, and Florida) have adopted similar laws.

SB 41 has been referred to the Senate Judiciary Committee. In addition to Wirch, the bill has 12 Democratic cosponsors – three senators and nine assembly representatives.

2019-20 Judiciary & Courts Committees

Posted on by Hamilton

Senate and Assembly leadership have finalized committee assignments for the 2019-20 session, including those committees that will likely be tasked with legal reform bills. Lists of committee members are below.

 

Senate Committee on Judiciary & Public Safety

  • Van Wanggaard (R-Racine), Chair
  • Andre Jacque (R-DePere), Vice-Chair
  • Alberta Darling (R-River Hills)
  • Fred Risser (D-Madison)
  • Lena Taylor (D-Milwaukee)

 

Senate Committee on Insurance, Financial Services, Government Oversight & Courts

  • Dave Craig (R-Big Bend), Chair
  • Duey Stroebel (R-Saukville), Vice-Chair
  • Dan Feyen (R-Fond du Lac)
  • Lena Taylor (D-Milwaukee)
  • Fred Risser (D-Madison)

 

Assembly Committee on Judiciary

  • Jim Ott (R-Mequon), Chair
  • Cody Horlacher (R-Mukwonago), Vice-Chair
  • Jeremy Thiesfeldt (R-Fond du Lac)
  • Rob Brooks (R-Saukville)
  • Ron Tusler (R-Harrison)
  • Samantha Kerkman (R-Salem)
  • Jimmy Anderson (D-Fitchburg)
  • Gary Hebl (D-Sun Prairie)
  • Marisabel Cabrera (D-Milwaukee)

Gov. Walker Signs Extraordinary Session Legislation Limiting AG Authority

Posted on by Hamilton

Last week, Gov. Scott Walker signed into law the extraordinary session legislation passed by the legislature earlier this month. The legislation, 2017 Act 369, provides a more stable, predictable regulatory and litigation environment for Wisconsin businesses by limiting the authority of activist attorneys general.

The extraordinary session legislation gives the legislature more oversight of settlements pursued by Wisconsin’s attorney general. The bill requires Joint Committee on Finance (JFC) approval of any compromise or discontinuance of an action pursued by the Department of Justice. (Current law requires approval from the governor.) Settlement plans my not concede the invalidity of a statue unless the Joint Committee on Legislative Organization approves. Actions for injunctive relief or proposed consent decrees are also subject to a 14-day passive review period by JFC. The legislation also removes the attorney general’s authority to expend settlement funds and instead automatically deposits any settlement funds directly into the general fund.

Under the Act, the legislature also may intervene in cases alleging that a state statute is unconstitutional, been preempted by federal law, or the validity of the statute is otherwise challenged.

Other provisions of Act 369 include the statutory removal of agency deference, incorporating the 2018 Wisconsin Supreme Court decision Tetra Tech v. Department of Revenue, and transparency and legislative oversight requirements for agency rulemaking.

Legislature Names Judiciary & Courts Committee Chairpersons

Posted on by Hamilton

Senate Majority Leader Scott Fitzgerald (R-Juneau) and Assembly Speaker Robin Vos (R-Rochester) have announced 2019-20 committee leaders for their respective chambers, including those committees that will likely be tasked with legal reform bills.

In the Senate, Sen. Van Wanggaard (R-Racine) was renamed chairman of the Committee on Judiciary & Public Safety. In addition, Sen. Dave Craig (R-Big Bend) will chair a Committee on Insurance, Financial Services, Government Oversight & Courts. (List of all Senate committee chairs.)

On the Assembly side, Rep. Jim Ott (R-Mequon) will again chair the Committee on Judiciary. (List of all Assembly committee chairs.)

Announcements on the makeup of committees are expected closer to the start of the 2019-20 legislative session on Jan. 7.

In Extraordinary Session, Wisconsin Legislature Approves Additional Oversight of AG Settlements

Posted on by Hamilton

In an extraordinary session on Dec. 4, the Wisconsin Senate and Assembly passed legislation giving the legislature additional oversight of settlements pursued by the state attorney general. The legislation provides a more stable, predictable regulatory and litigation environment for Wisconsin businesses by limiting the authority of activist attorneys general.

The extraordinary session legislation requires Joint Committee on Finance (JFC) approval of any compromise or discontinuance of an action pursued by the Department of Justice. (Current law requires approval from the governor.) Settlement plans my not concede the invalidity of a statue unless the Joint Committee on Legislative Organization approves. Actions for injunctive relief or proposed consent decrees are also subject to a 14-day passive review period by JFC. The legislation also removes the attorney general’s authority to expend settlement funds and instead automatically deposits any settlement funds directly into the general fund.

The legislature also may intervene in cases alleging that a state statute is unconstitutional, been preempted by federal law, or the validity of the statute is otherwise challenged.

It is anticipated that Gov. Scott Walker will sign the legislation into law later this month.

Read about other legislation passed in the extraordinary session.

 

 

ATRA Tort Reform Record Recognizes Wisconsin Legislation

Posted on by Hamilton

In its July 2018 Tort Reform Enactments and Record, the American Tort Reform Association (ATRA) has recognized Wisconsin for 2017 Act 235. Act 235 included common-sense discovery and class action reforms to address the high transactional cost of litigation. Act 235 also makes Wisconsin the first state in the country to require disclosure of third-party litigation funding.

ATRA’s biannual Tort Reform Enactments and Record highlights the civil justice laws enacted throughout the country. The report shows Wisconsin leading the way in terms of the substance and number of changes enacted into law.

Read more about Act 235.

Final Disposition of 2013-2014 Legislation

Posted on by Hamilton

Assembly Bills

Links Summary/Status

AB 19

Jacque

History

Torts and Personal Injury Trusts

Summary: Provides transparency and prevents fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation.

Status: Introduced Feb. 15, 2013; Referred to the committee on Judiciary; Public hearing held Apr. 4; Passage as amended recommended (6-2) May 1; Passed the Assembly (58-39) May 8; Referred to Senate committee on Judiciary and Labor; Concurrence recommended (3-2) Oct. 10; Senate concurrence Mar. 12, 2014. Senate Substitute Amendment 1 concurred in, Ayes 55, Noes 38, Paired 2 Mar. 20. Enrolled, Mar. 26; Signed by the Governor as 2013 Wis. Act 154 on March 27, 2014.

AB 27

Kuglitsch

History

Contingent Fees

Summary: Prohibits a state agency from contracting to provide legal services for the state on a contingent fee basis unless the governor makes a written determination that entering into such a contract is cost-effective and in the public interest.

Status: Introduced Feb. 18, 2013; Referred to the committee on Judiciary. Passage as amended recommended (5-3) April 15; Passed the Assembly (60-36) May 8; Referred to Senate committee on Judiciary and Labor; Concurrence recommended (4-1) Oct. 2; Passed the Senate (23-10) Oct. 8; Signed by the Governor as 2013 Wis. Act 105 on Dec. 13, 2013.

AB 29

Jacque

History

Collateral Source

Summary: Allows juries in personal injury cases to see all the evidence when determining the amount owed to compensate the plaintiff for his or her medical expenses..

Status: Introduced Feb. 18, 2013; Referred to the committee on Judiciary. Public hearing held Apr. 11; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 120

Severson

History

Inadmissibility of Statement of Apology by Healthcare Provider

Summary: Provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or patient’s relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest.

Status: Introduced Apr. 4, 2013. Referred to committee on Judiciary; Withdrawn and referred to committee on Health May 13; Public hearing May 29; Passage as amended recommended (7-4) June 20. Passed the Assembly Feb. 18, 2014. Referred to Senate committee on Health and Human Services Feb. 19. Public hearing Mar. 6. Concurrence recommended (3-2);Public hearing held Mar. 6; Concurrence recommended (3-2); Concurred in by Senate (19-14), April 1; Enrolled on April 4;

AB 139

Ott

History

Medical Liability – Informed Consent

Summary: Overturns a negative Wisconsin Supreme Court decision (Jandre v. Wisconsin Injured Patients and Families Compensation Fund) dealing with informed consent in medical liability cases.

Status: Introduced April 5, 2013; Referred to the committee on Judiciary. Public hearing held Apr. 11; Passage as amended recommended (6-2) May 1; Passed the Assembly (65-31) May 8; Referred to Senate committee on Judiciary and Labor May 10; Concurrence as amended recommended (3-2) Oct. 10; Public hearing waived; Am.1 adopted. Passed the Assembly Oct. 15; Signed by the Governor as 2013 Wis. Act 111 on Dec. 14, 2013.

AB 200

Kramer

History

Motor Vehicle Warranties – Lemon Law Reform

Summary: The bill would repeal the double damage provision that encourages attorneys to seek jackpot justice, but keep the obligation that a manufacturer provide a comparable vehicle or refund, whichever remedy the consumer chooses. If the manufacturer fails to provide the vehicle or refund within the specified deadline, a consumer may bring an action to recover for any damages. If he or she prevails, the court may award any pecuniary loss (including the cost of the vehicle), along with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate. The bill makes other changes that also bring Wisconsin law more in line with other states.

Status: Introduced May 13, 2013; Referred to the committee on Judiciary. Passage as amended recommended (8-0) June 6; Passed the Assembly (88-8, paired 2) June 12; Referred to Senate committee on Transportation, Public Safety, and Veterans and Military Affairs; Public hearing held July 18; Concurrence recommended (5-0) Aug. 22; Passed the Senate (32-1) Sept. 17; Signed by the Governor as 2013 Wis. Act 101 on Dec. 13, 2013.

AB 225

Stone

History

Campaign Finance Law

Summary: Makes several changes to the campaign finance laws.

Status: Introduced May 31, 2013; Referred to the committee on Campaigns and Elections. Public hearing held June 4; Passage as amended recommended (8-1) June 10; Passed the Assembly June 12; Referred to Senate committee on Elections and Urban Affairs; Public hearing held Dec. 18, 2013; Failed to concur in pursuant to Senate Joint Resolution 1.

AB 265

Pasch

History

Statute of Limitations for Sexual Contact with a Child

Summary: Removes the time limit for bringing actions for sexual contact with a child and applies this unlimited time period to a broader range of actions. No limit on the time a person has to bring an action for injury resulting from being subject, as a child, to any sexual contact by an adult or by an adult member of the clergy. The bill also revives any cause of action that was barred by the present statute of limitations and allows an injured party to bring that action for his or her injury within two years after the effective date of the billt.

Status: Introduced July 17, 2013; Referred to the committee on Criminal Justice; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 269

Sinicki

History

Employment Discrimination

Summary: Authorizes the circuit court to order a person who engages in discrimination in employment, unfair honesty testing, or unfair genetic testing to pay compensatory and punitive damages.

Status: Introduced July 30, 2013; Referred to the committee on Judiciary;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 342

Taylor

History

Employment Discrimination

Summary: Provides that employment discrimination because of conviction record includes requesting an applicant to supply information regarding his or her conviction record, or otherwise inquiring into or considering the conviction record of an applicant for employment, before the applicant has been selected for an interview.

Status: Introduced Aug. 27, 2013; Referred to the committee on Labor;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 543

Hebl

History

Campaigns for Supreme Court Justice

Summary: creates a democracy trust fund under which eligible candidates for the office of justice of the supreme court may receive public grants derived from general purpose revenues to finance their campaigns.

Status: Introduced Dec. 9, 2013; Referred to the committee on Campaigns and Elections; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 553

Richards

History

Civil Actions Involving Health Care Providers

Summary: This bill makes several changes to current law regarding contractual agreements between long-term care facilities and their clients, civil actions for negligence in long-term care facilities, punitive damages in civil actions, certain criminal actions against health care providers, and the confidentiality and use of reviews, incident reports, and evaluations of health care providers.

Status: Introduced Dec. 9, 2013; Referred to the committee on Judiciary;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 604

Smith

History

Employment Discrimination

Summary: Authorizes the circuit court to order a person who engages in discrimination in employment on the basis of military service to pay compensatory and punitive damages.

Status: Introduced Jan. 7, 2014; Referred to the committee on Labor;Refused to withdraw from committee on Labor (36-57), March 20; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 656

Neylon

History

Patent Trolls

Summary:Regulates written communications attempting to enforce or assert rights in connection with a patent or pending patent.

Status:Introduced Jan. 24, 2014; Referred to committee on Jobs, Economy and Mining; Public hearing held Feb. 17; Passage as amended [AA1, AA2] (16-0), Feb. 18; Passed by Assembly with amendments [AA1, AA2], Feb. 20; Referred to Senate committee on Senate Organization; Failed to concur in pursuant to Senate Joint Resolution 1, April 8, 2014. See companion, Senate Bill 498.

AB 706

Ott

History

Liability of Parents/Sponsors of Minor Drivers

Summary: Places a cap of $300,000 for parents of minor drivers. Wisconsin is currently one of only 12 states that impose unlimited liability for parents whose minor children are involved in an automobile accident..

Status: Introduced Jan. 31, 2014; Referred to the committee on Judiciary. Public hearing Feb. 6; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 746

Nerison

History

Agricultural Tourism Activities Liability

Summary:Provides immunity from civil liability to an agricultural tourism provider for the death of or injury to a participant in an agricultural tourism activity under certain circumstances.  The bill extends liability protection to the agricultural tourism provider if the participant’s death or injury occurs as a result of a risk inherent in the agricultural tourism activity and the agricultural tourism provider posts and maintains, in a clearly visible location at the entrance to the property or at the location of each agricultural tourism activity, a sign that contains a notice concerning the risk inherent in the agricultural tourism activity.

Status: Introduced Feb. 10, 2014; Referred to the committee on Agriculture. Public hearing Feb. 12; Passed the Assembly Committee on Agriculture (10-6) Feb. 13. Passed the Assembly (85-9) Feb. 20. Referred to Senate committee on Agriculture, Small Business, and Tourism Feb. 24, 2014. Public hearing Mar. 6. Concurrence recommended (9-0);Concurred in by Senate, April 1; Enrolled, April 7;

Senate Bills

Links Summary/Status

SB 13

Grothman

History

Torts and Personal Injury Trusts

Summary: Provides transparency and prevents fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation.

Status: Introduced Feb. 12, 2013; Referred to committee on Judiciary and Labor. Public hearing held Apr. 11; Passage as amended recommended (3-2) Oct. 10; Failed to pass pursuant to Senate Joint Resolution 1. See companion, Assembly Bill 19

SB 19

Grothman

History

Contingent Fees

Summary: Prohibits a state agency from contracting to provide legal services for the state on a contingent fee basis unless the governor makes a written determination that entering into such a contract is cost-effective and in the public interest..

Status: Introduced Feb. 13, 2013; Referred to the committee on Judiciary and Labor. Public hearing held Apr. 11; Public hearing held Apr. 11; Passage as amended recommended (4-1) Oct. 2;Failed to pass pursuant to Senate Joint Resolution, April 8, 2014. See companion, Assembly Bill 27.

SB 22

Farrow

History

Collateral Source

Summary: Allows juries in personal injury cases to see all the evidence when determining the amount owed to compensate the plaintiff for his or her medical expenses.

Status: Introduced Feb. 13, 2013; Referred to the committee on Judiciary and Labor; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 137

Grothman

History

Medical Liability – Informed Consent

Summary: Overturns a negative Wisconsin Supreme Court decision (Jandre v. Wisconsin Injured Patients and Families Compensation Fund) dealing with informed consent in medical liability cases.

Status: Introduced April 10, 2013; Referred to the committee on Judiciary and Labor. Public hearing held Apr. 11; Passage as amended recommended (3-2) Oct. 10;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014. See companion, Assembly Bill 139.

SB 143

Hansen

History

Employment Discrimination

Summary: Authorizes the circuit court to order a person who engages in discrimination in employment, unfair honesty testing, or unfair genetic testing to pay compensatory and punitive damages.

Status: Introduced April 17, 2013; Referred to the committee on Judiciary and Labor. Refused to withdraw from committee; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 182

Petrowski

History

Motor Vehicle Warranties – Lemon Law Reform

Summary: The bill would repeal the double damage provision that encourages attorneys to seek jackpot justice, but keep the obligation that a manufacturer provide a comparable vehicle or refund, whichever remedy the consumer chooses. If the manufacturer fails to provide the vehicle or refund within the specified deadline, a consumer may bring an action to recover for any damages. If he or she prevails, the court may award any pecuniary loss (including the cost of the vehicle), along with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate. The bill makes other changes that also bring Wisconsin law more in line with other states.

Status: Introduced May 16, 2013; Referred to the committee on Transportation, Pubic Safety, and Veterans and Military Affairs; Public hearing held July 18; Passage as amended recommended (5-0) Aug. 22; Available for scheduling;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014. See companion, Assembly Bill 200.

SB 225

Lassa

History

Statute of Limitations for Sexual Contact with a Child

Summary: Removes the time limit for bringing actions for sexual contact with a child and applies this unlimited time period to a broader range of actions. No limit on the time a person has to bring an action for injury resulting from being subject, as a child, to any sexual contact by an adult or by an adult member of the clergy. The bill also revives any cause of action that was barred by the present statute of limitations and allows an injured party to bring that action for his or her injury within two years after the effective date of the billt.

Status: Introduced July 9, 2013; Referred to the committee on Judiciary and Labor; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 233

Taylor

History

Abusive Work Environments – Civil Actions

Summary: Provides an exception to the exclusive remedy of worker’s compensation that permitting an employee who alleges being subjected to an abusive work environment or other unlawful employment practices to bring an action in circuit court.

Status: Introduced July 31, 2013; Referred to the committee on Judiciary and Labor; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 460

Harris

History

Loss of Society and Companionship – Medical Malpractice Claims

Summary: Provides that a parent does have the right to recover for loss of society and companionship if the parent’s adult child is injured as the result of medical malpractice (Makes changes to current law, as stated in Estate of Wells v. Mt. Sinai Medical Center). Also provides that an adult child does have the right to recover for loss of society and companionship if the adult child’s parent dies as the result of medical malpractice (Makes changes to current law, as stated in Czapinski v. St. Francis Hospital, Inc.).

Status: Introduced Dec. 20, 2013; Referred to the committee on Judiciary and Labor; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 498

Farrow

History

Patent Trolls

Summary:Regulates written communications attempting to enforce or assert rights in connection with a patent or pending patent.

Status: Introduced Jan. 15, 2014; Referred to the committee on Government Operations, Public Works, and Telecommunications. Public hearing Feb. 6. Passage as amended recommended (7-0) Mar. 6. Passed the Senate Mar. 11. Passed the Assembly Mar. 20; Enrolled March 26;

SB 592

Grothman

History

Liability of Parents/Sponsors of Minor Drivers

Summary: Places a cap of $300,000 for parents of minor drivers. Wisconsin is currently one of only 12 states that impose unlimited liability for parents whose minor children are involved in an automobile accident..

Status: Introduced Feb. 13, 2014; Referred to the committee on Judiciary and Labor. Public hearing Feb. 20. Passage recommended (3-2) Feb. 27. Passed the Senate (17-16) Mar. 12. Referred to Assembly committee on Rules; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.