Category: WCJC News

2018-19 ATRA Judicial Hellholes Report Highlights Wis. Accomplishments

Posted on by Hamilton

The American Tort Reform Association recently released its 2018-19 Judicial Hellholes report. While the report’s focus is to recognize some of the worst-ranking civil justice climates in the country, the report also highlights several “Points of Light,” including civil justice reform accomplishments in Wisconsin over the past year.

The report recognizes the Wisconsin Supreme Court’s decision to uphold the constitutionality of a $750,000 limit on noneconomic damages in medical malpractice cases (Mayo v. Wisconsin Injured Patients and Families Compensation Fund, 2018 WI 78). WCJC had filed an amicus brief in the case, successfully arguing that the liability limit is constitutional.

The report also highlights civil justice reforms in AB 773 (signed into law as 2017 Wisconsin Act 235). Act 235 enacted several e-discovery and class action reforms to lower the costs of litigation for businesses, as well as groundbreaking provisions requiring transparency in third-party litigation funding.

WCJC Files Amicus Brief Urging Appeals Court to Stay Copycat Shareholder Litigation

Posted on by Hamilton

Wisconsin Civil Justice Council (WCJC) has filed an amicus brief in Yandoli v. REV Group, Inc. arguing the Waukesha County Circuit Court erred by denying the defendants’ motion to stay the court proceeding in a securities class action lawsuit when an identical class action case was filed first in federal court.

Plaintiffs filed actions against REV Group, a Milwaukee manufacturer, when its stock price dropped after its initial public offering. Plaintiffs in three federal lawsuits and the instant state case claim REV Group violated Sections 11 and 15 of the federal 1933 Act. The federal litigation consists of not only the same claims but also the same defendants, factual allegations, alleged class, and relief sought. Wisconsin courts typically stay proceedings when a class action involving federal laws is filed in federal court. However, the court in this case denied the defendants’ motion to stay.

The WCJC brief asks the Court of Appeals District II to grant leave for the defendants to appeal the circuit court’s decision not to stay the state case while the federal case is pending. The brief argues that:

  1. The circuit court’s decision not to stay the state level proceedings will harm Wisconsin businesses by allowing for meritless duplicative securities litigation. If permitted to stand, the holding will encourage a parade of opportunistic plaintiff attorneys to file duplicative lawsuits, forcing Wisconsin businesses to defend identical lawsuits in different venues.
  2. Allowing such “copycat” shareholder litigation to proceed in Wisconsin will significantly increase costs and harm Wisconsin’s business climate. Costs of defending these lawsuits will be borne by shareholders, employees, and consumers in Wisconsin. Furthermore, the “litigation tax” companies must consider in an unfavorable business climate would disincentivize growth and investment in the Wisconsin economy.
  3. The circuit court’s decision contravenes the purpose of the Commercial Court Pilot Project to increase efficiency and predictability in business litigation in Wisconsin. If the lower court’s decision is allowed to stand, it would open the Business Court (in which this case was filed) to numerous lawsuits that were never intended when the pilot rule was put into place by the Wisconsin Supreme Court.

WCJC Presents James E. Hough Distinguished Service Award to Bob Fassbender

Posted on by Hamilton

On Oct. 12, 2018, WCJC presented the James E. Hough Distinguished Service Award to Robert Fassbender. Bob helped co-found the Wisconsin Civil Justice Council in 2009 and served as its Executive Director until he retired from the Hamilton Consulting Group in December 2017. During his tenure as Executive Director, WCJC experienced unprecedented success, which started in 2009 when WCJC helped defeat numerous bills introduced at the behest of the plaintiff’s bar. Beginning in 2011 and lasting through 2017, Bob helped lead the coalition in passing an unprecedented number of civil justice bills supporting the business community and helping Wisconsin gain national recognition.

The Distinguished Service Award is presented in honor of James E. Hough, former Hamilton Consulting Group partner, who for many years represented Wisconsin business interests in civil justice matters before the Wisconsin Legislature.

Daubert Comes to Wisconsin

Posted on by Hamilton

One of the most important pieces of legislation supported by the Wisconsin Civil Justice Council earlier this year was the adoption of the Daubert standards for the admission of expert opinion evidence, bringing Wisconsin in line with the entire federal system and a majority of states. A comprehensive understanding of decisions and trends from other jurisdictions will be critical for Wisconsin lawyers as the standards are implemented in Wisconsin. In an effort to educate the legal community on these important new standards, WCJC organized and hosted Daubert Comes to Wisconsin – A CLE Summit on Expert Opinion Evidence on January 11, 2012.

Materials from the Summit are available to download for educational purposes:

WCJC would like to thank the Wisconsin Defense Counsel (WDC), the Wisconsin Insurance Alliance (WIA), the Wisconsin Hospital Association (WHA), the Wisconsin Association of Manufacturers and Commerce (WMC), the Wisconsin Utilities Association (WUA), and the Wisconsin Electric Cooperative Association (WECA) for their support of the Daubert Comes to Wisconsin CLE Summit.