On May 8, a broad national coalition of 35 business associations and tort reform advocates sent a letter to the federal Advisory Committee on Civil Rules regarding third party litigation funding. The letter asks the committee to amend Rule 26 of the Federal Rules of Civil Procedure to require disclosure of a litigation financing agreement in any civil action filed in federal court.
Category: WCJC News
Finance Committee Overhauls 2023-25 State Budget, Removes Problematic Policies
Last week, the Joint Committee on Finance began voting on motions to reshape the 2023-25 state budget as originally proposed by Gov. Tony Evers (D) in his executive budget. The committee process, expected to conclude by mid-June, will result in the final budget bill that will be voted on by the full Legislature.
Lawsuit Against Burford Capital Reveals Dangers of Litigation Financing
Third party litigation funding or “litigation financing” is a form of investing in which hedge funds and other financiers invest in a lawsuit in exchange for a portion of any settlement or judgement award. The investment provides cash to plaintiffs to litigate a claim, while the financier—thanks to its sophisticated underwriting—anticipates the case to end in a large enough judgement or settlement to satisfy its obligations.
Wisconsin Civil Justice Council Issues 2023 Guide to the Wisconsin Supreme Court and Judicial Evaluation
The Wisconsin Civil Justice Council (WCJC) today released its 2023 Guide to the Wisconsin Supreme Court and Judicial Evaluation, which reviews the most important decisions issued by the Wisconsin Supreme Court that affect the Wisconsin business community. The 2023 Judicial Evaluation covers the 2019-20, 2020-21, and 2021-22 terms of the court.
Gov. Evers Delivers 2023-25 Budget Address, Including Problematic New Ways to Sue Businesses
Gov. Evers (D) gave his third biennial budget address on February 15, unveiling his 2023-25 executive budget recommendations. He proposes an operating budget of $103.8 billion over the next two fiscal years, adding a net 816.55 full-time equivalent positions. For comparison, the 2021-23 state budget spent $87.5 billion with a net reduction of 174.19 FTE positions.
Governor Signs 2021-23 State Budget With 50 Partial Vetoes
On Thursday, July 8, Governor Tony Evers (D) signed into law 2021 Act 58, the state budget for the 2021-2023 fiscal biennium, which began July 1. The Wisconsin Assembly approved the budget bill (Assembly Bill 68) on June 29, with the Senate concurring in the bill the following day. The two-year budget, assembled by the Republican-led Joint Finance Committee (JFC), spends $87.5 billion and cuts income and property taxes by $3.4 billion.
State Budget Update: Wisconsin Civil Justice Council Notches a Major Win
On May 6, the Legislature took steps to overhaul the budget put forward by Gov. Evers, which included a two-year operating budget of more than $90 billion and a long list of changes to various state laws and programs. Voting 12-4 along party lines, the Republican-led Joint Committee on Finance (JCF) approved an omnibus motion to strip more than 380 items from the budget, including the civil justice policies of concern to WCJC and our members.
ICYMI: WCJC Webinar on Wisconsin Rules of Civil Procedure
On May 5, the Wisconsin Civil Justice Council partnered with Godfrey & Kahn, S.C. to host a virtual panel discussion on Wisconsin’s rules of civil procedure. Panelists discussed recent changes to the rules that are relevant for many attorneys, including new discovery limits and mandates, rules regarding e-discovery, changes to statutes of limitation, incorporation of federal class action rules, and modifications to the timely claim payment statute.
State Supreme Court Chooses New Chief Justice
On April 14, a majority of the seven members of the Wisconsin Supreme Court voted to select Justice Annette Ziegler as the state’s next chief justice. She assumed the office on May 1. Justice Ziegler was first elected to the court in 2007 and ran unopposed in 2017. She is the court’s third longest-serving member.
Seventh Circuit Reverses Lead Paint Verdict, Limits the Scope of “Risk-Contribution Theory”
From 2005 to 2011, Wisconsin had a six-year window where plaintiffs could sue manufacturers of white lead carbonate (a pigment formerly used in some paints) under a tort theory known as “risk-contribution.” Under this theory, plaintiffs can seek damages from a company that produced white lead carbonate used in paint even if the plaintiff cannot demonstrate that the company produced the pigment that caused an alleged injury.