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”
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WCJC Wins 2013 Outstanding Organization Award
In recognition for its role in passing sweeping legal reform in 2011 and its continued commitment to combating lawsuit abuse, WCJC has been selected as the recipient of the 2013 U.S. Chamber Institute for Legal Reform Outstanding Organization Award.
“This award acknowledges WCJC’s work with state lawmakers and the Walker administration in enacting legislation to promote business and job growth in Wisconsin,” said Bill G. Smith, WCJC President and State Director for the National Federation of Independent Business (NFIB).
WCJC’s Executive Director, Robert Fassbender, will accept the award on behalf of WCJC’s 18 member board and litigation reform partners on October 23 at the U.S. Chamber Institute for Legal Reform’s 14th Annual Legal Reform Summit in Washington, D.C.
To continue WCJC’s mission of promoting fairness and equity in Wisconsin’s civil justice system it will take substantial resources. Please consider making a contribution to the Wisconsin Civil Justice Council, Inc.
Wisconsin Supreme Court Back in Session
The end of summer means two things for the Wisconsin Civil Justice Council – the beginning of the fall legislative floor period and the start of a new Wisconsin Supreme Court session. WCJC is poised for another successful legislative session, and is working closely with the Great Lakes Legal Foundation to monitor and report on Wisconsin Court of Appeals and Supreme Court arguments and decisions of importance to Wisconsin’s business community. Continue reading “Wisconsin Supreme Court Back in Session”
NY Times Op-ed – Plaintiff Attorneys’ Business Model
The New York Times today published an op-ed (“Lawyers’ Business Model”) describing how the plaintiff attorney business model is under attack and how many plaintiff attorneys gin up mass tort cases at the expense of their clients. Below is an excerpt:
Yes, there are certainly times when the court system provides the appropriate forum to address corporate wrongdoing. But just as often — more often, in my view — plaintiffs’ lawyers gin up cases because, well, that’s what they do. Like the corporations they sue, big-time plaintiffs’ lawyers have a business model. Theirs requires them to constantly seek out cases that can be blown up into giant mass torts, as they’re called, which can then be used to extract billions from companies.
Supreme Court Decides Insurance Company Is Not Liable for Physical Assault that Occurred at Underage Drinking Party
The Wisconsin Supreme Court on Friday, July 12, 2013 held that an insurance company had no duty to defend and indemnify an owner of property who hosted an underage drinking party because there was no “accident” and therefore no “occurrence” under the insurance policy. The case is Schinner v. Gundrum, 2013 WI 73. Continue reading “Supreme Court Decides Insurance Company Is Not Liable for Physical Assault that Occurred at Underage Drinking Party”
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”
Legislature Adopts Budget Provision Retroactively Applying Lead Paint Provisions
In 2011, Gov. Scott Walker introduced and the Legislature passed the omnibus civil liability reform bill (2011 Wisconsin Act 2). One of Act 2’s provisions overturned the Thomas v. Mallet decision, which established the “risk contribution” theory in lead paint cases. The legislature is considering retroactively applying the Act 2 standard to all cases. Continue reading “Legislature Adopts Budget Provision Retroactively Applying Lead Paint Provisions”
Lemon Law Reform Passes Assembly in Bi-Partisan Vote
The Wisconsin Assembly voted 88-8 to enact long-needed changes to Wisconsin’s Lemon Law. AB 200 makes several significant changes to Wisconsin’s law, as outlined in this memo from the Wisconsin Civil Justice Council and other supporters, but paramount is the elimination of the punitive double damages mandate. Continue reading “Lemon Law Reform Passes Assembly in Bi-Partisan Vote”
Wisconsin Lemon Law Reforms Generating National Attention
The American Tort Reform Association (ATRA) has posted a story and video about the positive reforms contained in Assembly Bill 200 and the “Lemon Law King’s” opposition to them. Continue reading “Wisconsin Lemon Law Reforms Generating National Attention”
Assembly Introduces Lemon Law Bill
Rep. Bill Kramer (R-Waukesha) has introduced Assembly Bill 200, which will help bring Wisconsin’s lemon law back into the mainstream with a number of reasonable changes. Continue reading “Assembly Introduces Lemon Law Bill”