For the second time this year Governor Scott Walker has called the legislature into special session to address jobs. The “Back to Work Wisconsin” special session is expected to begin on Thursday, September 19, and run through November.

Walker’s announcement included a list of 26 pieces of legislation for the session. Several of the bills contain civil liability reforms.

Factors for determining the reasonableness of attorney fees.

LRB 2670–Rep. Vos and Sen. Zipperer

Summary:

• Requires a court to consider certain factors to determine reasonable attorney fees
• Factors include, but not limited to the following:
  • amount involved in the dispute
  • actual outcome of the dispute
  • novelty and difficulty of the questions involved
  • complexity of the case
• Would limit attorney fees to three times the award with certain limiting factors and exemptions including whether nonmonetary relief is awarded or in cases involving both compensatory damages and nonmonetary relief

Providing immunity from liability to drug and device manufacturers and sellers under certain circumstances

LRB 2890–Rep. Kooyenga and Sen. Zipperer

Summary:

• This bill provides immunity to manufactures and sellers of medical devices/drugs from lawsuits if their product received approval from the federal Food and Drug Administration at the time the device/drug left the control of the manufacturer or seller.
• Also provides immunity from liability to a manufacturer or seller of a drug/device for any claim based on the failure to warn of the risk of the drug/device if labeling was made available to the consumer, the person who prescribed the drug/device, and the labeling was in compliance with established FDA standards
• Legislation covers defects in design, which undergo a strenuous FDA approval process
• Does not cover defects that occur in the manufacturing process

Duty of care owed to trespassers

LRB 2939–Rep. Williams and Sen. Galloway

Summary:

• Current law in WI does not hold property owners and outdoor employers liable for trespassers who are injured on their property through no fault of the property owner.
• Under the Third Reinstatement of Torts spreading across the country, landowners have a duty to exercise reasonable care to all entrants on property, including unwanted trespassers.
• This bill would pre-empt courts in WI from adopting this Third Reinstatement
• Current law in WI would be preserved

Interest rates on judgments in certain civil actions

LRB 2966–Rep. Paul Farrow /  LRB 2838 – Sen. Rich Zipperer

Summary:

• Currently, Wisconsin allows interest on judgments involving the recovery of money at the rate of 12% per year from the date of entry judgment. This is one of the highest interest rates in the country and was established in the 1979-1980 legislative session.
• Changes the interest rate on judgments for the recovery of money in certain civil actions to an annual rate of 1 percent plus the prime rate in effect on the day the judgment is entered.
• Improves the legal climate for job creators.