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”
Tag: TIPAC
Governor Walker Signs Civil Justice Reforms into Law
Building off of the historic reforms signed into law in 2011-12, Gov. Scott Walker on Friday, December 13 signed three more important civil justice reforms into law. Below is a summary of each bill signed into law by Gov. Walker:
- Transparency in Private Attorney Contracting (AB 27): Authored by Rep. Mike Kuglitsch (R-New Berlin) and Sen. Glenn Grothman (R-West Bend), AB 27 reins in excessive attorneys’ fees by setting tiers for contingency fees as a percent of recovered amounts ranging from 25% to 5%. Transparency is achieved through the requirement that a copy of the executed fee contract be posted online. In addition, the private attorney must maintain time records and keep detailed records of expenses, disbursements, etc. for four years after the contract terminates.
- Physician’s Duty of Informed Consent: Overturning Jandre v. Wisconsin Injured Patients and Families Compensation Fund (AB 139): Authored by Rep. Jim Ott (R-Mequon) and Sen. Glenn Grothman (R-West Bend), AB 139 protects Wisconsin physicians and hospitals from unnecessary and costly lawsuits. Passed on a bipartisan vote, AB 139 overturns a Wisconsin Supreme Court decision and clarifies the proper standard for physicians when informing patients of alternate medical modes of treatment and about the benefits and risks of those treatments.
- Lemon Law Reforms (AB 200): Authored by Rep. Bill Kramer (R-Waukesha) and Sen. Jerry Petrowski (R-Marathon), AB 200 removes Wisconsin’s previously dubious reputation of having the worse lemon law in the nation. The new law makes a number of changes, including: 1) eliminating mandatory double damages, 2) adding time for manufacturers to deliver a comparable vehicle, 3) reducing the statute of limitations, 4) adding a good faith requirement, and 5) clarifying what it means for a vehicle to be out of service.
“The Wisconsin Civil Justice Council thanks Gov. Walker for his continued commitment to enhancing the state’s litigation climate and making Wisconsin a more attractive place to start and grow a business,” said Bill G. Smith, WCJC President and State Director of the National Federation of Independent Business.
Wisconsin Civil Justice Council Receives Outstanding Organization Award
The Wisconsin Civil Justice Council has gained national recognition for its role in passing sweeping legal reforms in 2011 and its continued commitment to combating lawsuit abuse.
Members of WCJC and WMC traveled to the U.S. Chamber Institute for Legal Reform’s 14th Annual Legal Reform Summit in Washington, D.C. to accept the award. Continue reading “Wisconsin Civil Justice Council Receives Outstanding Organization Award”
Wisconsin Reforms Draw National Attention
On Tuesday, Oct. 8, the Wisconsin Senate passed AB 27, Transparency in Private Attorney Contracting (TIPAC), on a bipartisan vote, 23-10 (five Democrats joined all 18 Republicans). The U.S. Chamber applauds AB 27 as “Nation’s Strongest Outside Counsel Sunshine Law,” while the American Tort Reform Association proclaimed to its national audience that the “New Law Will Help Make Wisconsin More Attractive to Employers.” Continue reading “Wisconsin Reforms Draw National Attention”
WCJC Applauds Wisconsin Senate for Passing Pro-Business, Transparency Legislation
On Tuesday, Oct. 8, the Wisconsin Senate passed Assembly Bill 27, which provides transparency when the State of Wisconsin hires private plaintiff attorneys’ on a contingency fee basis. The bill passed on a bipartisan basis, 23-10, and will be sent to Gov. Scott Walker for his signature. Continue reading “WCJC Applauds Wisconsin Senate for Passing Pro-Business, Transparency Legislation”
Busy Fall Floor Session Anticipated
The first portion of the 2013-14 legislative session was very busy for the Wisconsin Civil Justice Council (WCJC). Numerous bills supported by WCJC received public hearings, passed the Assembly and now await action in the Senate. We fully expect the Senate to take up an pass several WCJC supported bills when the Legislature reconvenes this fall. Continue reading “Busy Fall Floor Session Anticipated”
Civil Justice Reforms Move Forward
Now that it has completed work on the 2013-15 budget bill, the Wisconsin Legislature will take a summer recess and will reconvene in September. Legislative committees will continue to hold public hearings and vote on individual bills.
For the Wisconsin Civil Justice Council (WCJC), the first portion of the 2013-14 legislative session has been very active and successful. Numerous bills supported by WCJC have received public hearings, passed the Assembly and await action in the Senate. We fully expect the Senate to pass these bills when the Legislature reconvenes in the fall.
Below is an update of bills of interest to WCJC. For more information on these bills, please visit WCJC’s website. Also, please contact Andy Cook or Bob Fassbender with any questions. Continue reading “Civil Justice Reforms Move Forward”
Assembly Advances Civil Justice Legislation
The Wisconsin Assembly today passed three bills, AB 19, AB 27 and AB 139, that will improve Wisconsin’s litigation climate, making Wisconsin a more attractive place to do business.
Video of the floor debate is available from WisconsinEye. Continue reading “Assembly Advances Civil Justice Legislation”
Civil Justice Bills Headed to the Floor
The Wisconsin Assembly has scheduled a floor vote for Wednesday, May 8 on three bills that are a priority for the Wisconsin Civil Justice Council (WCJC).
- Personal Injury Trust Claims Transparency (AB 19): The purpose of this legislation is to provide transparency and prevent fraud involving personal injury trusts by creating certain discovery requirements during litigation. Numerous types of personal injury trusts have been created under the federal bankruptcy code and state laws to ensure that injured people can be properly compensated. In some instances, plaintiffs who file (or could file) claims with these personal injury trusts may also seek compensation for their injuries through a second channel – lawsuits against solvent defendants (i.e., businesses) in the courts. The ability of plaintiffs to seek multiple recoveries – without any transparency regarding these multiple recoveries – is what this bill addresses. For more information, see WCJC’s talking points. Also, click here to read a Wall Street Journal editorial discussing a similar law enacted in Ohio.
- Transparency in Private Attorney Contracting (TIPAC) (AB 27): The interests of private plaintiffs’ attorneys are not always aligned with the interests of a state and its citizens. Private plaintiffs’ attorneys who are given complete control of litigation may seek settlements and judgments that maximize their profit rather than the benefit to a state and its citizens. And private attorneys have received excessive fees for their work on behalf of states in some cases. This legislation ensures that consumers, victims, and taxpayers receive their fair share of any recovery. For more information, see WCJC’s talking points. Also, click here to read a Wall Street Journal article discussing similar legislation that has been enacted in other states.
- Physician Informed Consent (AB 139): This legislation clarifies a negative Wisconsin Supreme Court decision (Jandre v. Wisconsin Injured Patients and Families Compensation Fund) dealing with a physician’s duty of informed consent.
For more information about each of these bills, see WCJC’s website. Please contact Bob Fassbender or Andy Cook with any questions.