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Links* |
Summary/Status |
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Assembly Bills |
AB 291

Richards
History
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Medical Malpractice

Summary: Provides that a parent does have the right to recover for loss
of society and companionship if the parent’s adult child is injured as the
result of medical malpractice.

Status: Introduced
June 2, 2009; Referred to Health and Healthcare Reform; |
AB 179

Cullen
History
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Malpractice Claims against
Government Entities

Summary: Removes the 180-day notice requirement for medical malpractice
claim and requires the time to commence that action to be the same as against a
private health care provider. Raises the cap from $50,000 to $250,000 for
actions against government units or employee.

Status: Introduced
Apr. 2, 2009; Referred to Insurance; |
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AB 75
Jt.
Committee on Fin.
History
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State Budget - Civil Justice

Summary: Constitutes the executive budget act of the 2009 legislature.

Status:
Introduced Feb. 17, 2009; Joint Finance
hearings Mar. 23-Apr. 3.
These policies buried in the budget will drastically
change Wisconsin's litigation landscape. The entire scheme is designed to allow
for more suits, with each suit entangling more so-called 'deep pockets."
Joint and Several Liability: Anyone with equal or greater fault than the
plaintiff can be held 100% responsible ("jointly and severally liable"), even if
only 1% at fault. (AB 75, page 1605). Existing law requires a person to be at
least 51% at fault before he or she can be held responsible for 100% of damages.
Combined Fault: A person or business that is less at fault than the
plaintiff can be sued so long as the "combined" fault of all persons sued is
equal or greater than the plaintiff. (AB 75, page 1605). Existing law requires
the plaintiff to be less at fault than each defendant he or she is suing.
Jury
instructions: The court must inform the jury how the jury's findings on
fault affect responsibility for damages; that is, to allow the jury to adjust
fault determinations to maximize awards. (AB 75, page 1588) Existing law limits
a jury's duty to fact finding, consistent with over a hundred-year rule of
jurisprudence. |
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AB 75
Jt.
Committee on Fin.
History
|
State Budget - Insurance

Summary: Constitutes the executive budget act of the 2009 legislature.

Status:
Introduced Feb. 17, 2009; Joint Finance hearings
Mar. 23-Apr. 3;
Insurance: Mandates increased limits for
auto insurance, requires "stacking," and expands the "Underinsured Motor
Vehicle" definition; also, prohibits reducing clauses, eliminates "hit and run"
requirements, and prohibits 'drive-other-car" provisions. |
AB 31

Sinicki
History
|
Employment Discrimination
(Companion to SB 20)

Summary: Authorizes the circuit court to order a person who commits
employment discrimination to pay compensatory and punitive damages.

Status: Introduced
Feb. 5, 2009; Referred to Labor; Public hearing held Apr. 8; Passage as
amended
recommended (5-3) Apr. 23; Laid on the table Apr. 28 to take up SB 20, which was
enrolled May 1. |
AB 24

Schneider
History
|
Insurance Coverage of Damaged
Property

Summary: Requires property insurer to pay for cosmetic modifications,
such as painting or siding installation, to the undamaged portion of the
property necessary to match the repaired, rebuilt, or replaced portion of
damaged property.

Status: Introduced
Feb. 5, 2009; Referred to Judiciary and Ethics; |
AB 23

Schneider
History
|
Access to Court Conferences

Summary: Requires that all conferences held by the Supreme Court or court
of appeals be open to the public.

Status: Introduced
Feb. 5, 2009; Referred to Judiciary and Ethics; |
AB 22

Schneider
History
|
Housing Discrimination

Summary: Prohibits discrimination in housing because of an arrest or
conviction record that is more than three years old.

Status: Introduced
Feb. 5, 2009; Referred to Housing; |
AB 6

Radcliffe
History |
Tort Action in Real Estate
Transactions (Companion to SB 9)

Summary: Reverses the decision in Below by providing that, in
addition to any other remedies that are available, a purchaser in a residential
real estate transaction may maintain an action in tort against the seller for
intentional misrepresentation.

Status: Introduced Jan. 27, 2009; Referred to Consumer Protection; Public
hearing Feb. 12; Passage recommended (7-2) Feb. 27; Referred to Rules; |
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Senate Bills |
SB 182

Sullivan
History
|
Statute of
Limitations for Intentional Torts

Summary: Increases the time for bringing an intentional tort action from
two to three years.

Status: Introduced May 4, 2009; Referred
to Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing; |
|
LRB-1533/1 |
Medical Malpractice Claims

Summary:
Provides that a
parent does have the right to recover for loss of society and companionship if
the parent's adult child is injured as the result of medical malpractices.

Status: Draft bill. |
SB 127

Risser
History
|
Malpractice Claims against
Government Entities

Summary: Removes the 180-day notice requirement for medical malpractice
claim and requires the time to commence that action to be the same as against a
private health care provider. Raises the cap from $50,000 to $250,000 for
actions against government units or employees.

Status: Introduced Mar. 18, 2009; Referred
to Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing; |
SB 20

Hansen
History
|
Employment Discrimination
(Companion to AB 31)

Summary: Authorizes the circuit court to order a person who commits
employment discrimination to pay compensatory and punitive damages.

Status:
Introduced Jan. 28, 2009; Referred to Judiciary, Corrections, Insurance,
Campaign Finance Reform, and Housing; Withdrawn and rereferred to committee on
Labor, Elections and Urban Affairs Feb. 5; Public hearing Mar. 12; Passage as
amended [SSA1]
recommended (3-2) Apr. 14; Passed the Senate (18-15)
Apr. 28; Passed the Assembly (51-47)
Apr. 29; Enrolled May 1; Awaiting action by the Governor. |
SB 9
Wis. Act
4

Erpenbach
History
|
Tort Action in Real Estate
Transactions (Companion to AB 6)

Summary: Reverses the decision in Below by providing that, in
addition to any other remedies that are available, a purchaser in a residential
real estate transaction may maintain an action in tort against the seller for
intentional misrepresentation.

Status:
Introduced Jan. 21, 2009; Referred to Judiciary, Corrections, Insurance,
Campaign Finance Reform, and Housing; Public hearing Feb. 5; Passage recommended
(5-0); Passed the Senate Feb. 24; Referred to the Assembly committee on Rules
Mar. 24; Passed the assembly Mar. 26 (69-28);
Signed by the Governor as 2009
Wis. Act 4
on Apr. 8. 2009. |
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