Tag: Civil Justice

Protecting Motor Carriers, Consumers from Unreasonable Nuclear Verdicts

Posted on by Hamilton

Last session, WCJC successfully advanced through both houses of the legislature SB 613, legislation to create a $1 million per-victim cap on the recovery of noneconomic damages from trucking companies and commercial drivers. Authored by Sen. Cory Tomczyk (R-Mosinee) and Reps. Rick Gundrum (R-Slinger) & John Spiros (R-Marshfield), the aim of the bill was to protect motor carriers from unreasonable “nuclear verdicts” and stabilize insurance costs for the trucking industry. Unfortunately, Gov. Evers (D) vetoed the legislation.

Continue reading “Protecting Motor Carriers, Consumers from Unreasonable Nuclear Verdicts” →

U.S. Chamber Institute for Legal Reform IDs Critical Lawsuit Reforms

Posted on by Hamilton

A new report from the U.S. Chamber Institute for Legal Reform has identified several issues the Wisconsin Civil Justice Council is working to fix in Wisconsin as critical to improving the nation’s business climate.

The New Lawsuit Ecosystem: Trends, Targets and Players, “examines the developing lawsuit “ecosystem” and areas of litigation of most concern to the business community. The report examines the trends and players in six key litigation areas, offers insights into new emerging liability threats, and explores the growing alliance between state attorneys general and the plaintiffs’ bar.”

U.S. Chamber Applauds Signing of Nation’s Strongest Outside Counsel Sunshine Law

Posted on by Hamilton

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement applauding Governor Scott Walker for signing into law the Transparency in Private Attorney Contracting Act (AB 27). The law promotes transparency and limits contingency fees when the State of Wisconsin hire outside private plaintiffs’ lawyers. Continue reading “U.S. Chamber Applauds Signing of Nation’s Strongest Outside Counsel Sunshine Law” →

Bill Protects Wisconsin Businesses in Asbestos Lawsuits

Posted on by Hamilton

The Milwaukee Journal Sentinel has published an opinion piece by WCJC officers Bill G. Smith and Scott Manley explaining why SB 13/AB 19, which provides transparency and prevents fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation, is good for Wisconsin businesses. Continue reading “Bill Protects Wisconsin Businesses in Asbestos Lawsuits” →

Daubert Still the Law Despite Court’s Ruling

Posted on by Hamilton

On January 27, 2011, Gov. Walker signed into law 2011 Wisconsin Act 2, which contained numerous civil liability reforms supported by the Wisconsin Civil Justice Council. One of the most important pieces of this legislation 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.

Thanks to Act 2, Wis. Stat. § 907.02 now requires experts to be qualified by knowledge, skill, experience, training, or education. Testimony must be based upon sufficient facts or data, it must be the product of reliable principles and methods, and the witness must apply the principles and methods reliably to the facts of the case.

While it is clear that Daubert is now the absolute standard for expert testimony going forward, a recent court of appeals decision highlights the fact that there are still a limited number of cases in which it may not be applied because those cases were ongoing before the new law (Act 2) went into effect. Continue reading “Daubert Still the Law Despite Court’s Ruling” →

ATRA Fall Conference to Highlight Wisconsin Reforms

Posted on by Hamilton

The Wisconsin Civil Justice Council has been the vanguard of the civil justice reform movement in Wisconsin since its 2009 formation. The many reforms championed by WCJC over the past three years will be highlighted by the American Tort Reform Association (ATRA) at its Annual Legislative Conference for State Coalition Leaders this fall.
Continue reading “ATRA Fall Conference to Highlight Wisconsin Reforms” →

Radio Host Exposes Myths and Mischaracterizations of Asbestos Trust Legislation

Posted on by Hamilton

Popular Wisconsin radio personality Vicki McKenna hosted Brian Sikma from Media Trackers for a discussion of the twisted lies opponents of AB 19/SB 13 are using to try and defeat the legislation.

Continue reading “Radio Host Exposes Myths and Mischaracterizations of Asbestos Trust Legislation” →

Asbestos House Cleanup

Posted on by Hamilton

The U.S. House of Representatives is voting today on the bi-partisan Furthering Asbestos Claim Transparency (FACT) Act, which would require asbestos trust claimants to disclose certain information about relief they have sought before pursuing litigation. Continue reading “Asbestos House Cleanup” →

More Transparency Needed in Asbestos Lawsuits

Posted on by Hamilton

Christian Schneider’s most recent piece in the Milwaukee Journal Sentinel exposes the questionable legal action Congresswoman Carolyn McCarthy (D-N.Y.) is taking to seek remedy for her lung cancer – suing 70 companies that she believes contributed to her exposure to asbestos when she was a child while not mentioning she has been a smoker for 40 years. As Schneider explains, lawsuits like this threaten the solvency of trusts set up to compensate actual asbestos victims by firms that went bankrupt, while also placing a burden on solvent companies. Continue reading “More Transparency Needed in Asbestos Lawsuits” →

FACT Act Preserves Money for Future Asbestos Victims

Posted on by Hamilton

In her article that appears in The Hill Blog, Lisa Rickard, President of the U.S. Chamber of Commerce Institute for Legal Reform, discusses federal legislation that ensures future asbestos victims will be compensated.

According to the article, the federal Furthering Asbestos Claim Transparency (FACT) Act (H.R. 982) would require various asbestos trusts to file quarterly reports with the bankruptcy courts detailing who has filed a claim and how much money was paid out. Continue reading “FACT Act Preserves Money for Future Asbestos Victims” →