|
Links* |
Summary/Status |
|
Assembly Bills |
AB 524
Hebl
History
|
Small Claims
Summary: If a party proves that a person commencing a small claims action
in the circuit court for a money judgment, attachment, garnishment, or to
enforce a lien misrepresented the number of such actions the person commenced,
the court is required to award the party damages of $250 and reasonable attorney
fees.
Status: Introduced
Oct. 27, 2009; Referred to committee on Judiciary and Ethics; Public
hearing held Dec. 1; |
AB 354
Roys
History
|
Statute of
Limitations for Intentional Torts
Summary: Increases the time for bringing an intentional tort action from
two to three years.
Status: Introduced
July 28, 2009; Referred to committee on Judiciary and Ethics; Public
hearing held Aug. 25; Passage recommended (6-4) Sept. 16; Referred to Rules; |
AB 340
Schneider
History
|
CCAP
Summary: Limits information on CCAP unless a court does one of the
following: 1) makes a finding that a person is guilty of a criminal charge; 2)
makes a finding that a person is liable in a civil matter; 3) orders a person to
be evicted; or 4) issues a restraining order or an injunction against a person.
Allows free access to CCAP to Wisconsin judges or other court officials, law
enforcement personnel, attorneys, and accredited journalists. The bill allows
access to CCAP information to any other person who pays a $10 annual fee and
registers his or her name and address with the director of state courts.
Requires a registry of each user; if a user searches for a person’s name on CCAP
and subsequently denies the person employment, housing, or another public
accommodation, the user must inform the person that he or she searched for the
person’s record on CCAP. A user who fails to do so may be fined $1,000.
Status: Introduced
July 28, 2009; Referred to committee on Criminal Justice; Public hearing
held Oct. 1; |
AB 336
Pridemore
History
|
Immunity
Summary: Provides for immunity from liability for, and disclosure of
patient information by, a health care provider, facility, or employee that, in
good faith, provides information about a violation of the law or of a clinical
or ethical standard, unprofessional conduct, or negligence in treating a patient
by a health care provider, facility, or employee or former employee.
Status: Introduced
June 30, 2009; Referred to committee on Judiciary and Ethics; |
AB 307
Roys
History
|
Telephone Solicitations
Summary: Increases the penalties and private actions for violations of
restrictions on telephone solicitations; Permits actions for injunctive relief
and for actual damages or $500 per violation, whichever is greater.
Status: Introduced
June 8, 2009; Referred to Consumer Protection; |
AB 305
Dexter
History
|
Alternative Dispute Resolution
Summary: Requires the lender, mortgage holder, or any other party
bringing a foreclosure action against a homeowner to include, in its pleading
that sets forth a claim for relief, a statement that either party may request
the court to order alternative dispute resolution for the foreclosure claim.
Status: Introduced
June 4, 2009; Referred to Housing; |
AB 291
Richards
History
|
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; Public hearing
held July 14; Passage recommended (6-4) Sept. 16; |
AB 179
Cullen
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 employee.
Status: Introduced
Apr. 2, 2009; Referred to Insurance; |
|
AB 75
Jt.
Committee on Fin.
History
|
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. |
|
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; Public hearing held
Sept. 10; |
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; |
|
Senate Bills |
SB 352
Erpenbach
History
|
Small Claims
Summary: If a party proves that a person commencing a small claims action
in the circuit court for a money judgment, attachment, garnishment, or to
enforce a lien misrepresented the number of such actions the person commenced,
the court is required to award the party damages of $250 and reasonable attorney
fees.
Status: Introduced Oct. 16, 2009; Referred
to committee on Judiciary, Corrections, Insurance Campaign Finance reform, and
Housing. |
SB 218
Erpenbach
History
|
Telephone Solicitations
Summary: Increases the penalties and private actions for violations of
restrictions on telephone solicitations; Permits actions for injunctive relief
and for actual damages or $500 per violation, whichever is greater.
Status: Introduced May 26, 2009; Referred
to Small Business, Emergency Preparedness, Technical Colleges, and Consumer
Protection; Public hearing held July 22; Passage as
amended
recommended (5-0) Aug. 14; Passed the Senate Sept. 15; Referred to Assembly
committee on Consumer Protection; Public hearing held Nov. 11; |
SB 213
Kreitlow
History
|
Alternative Dispute Resolution
Summary: Requires the lender, mortgage holder, or any other party
bringing a foreclosure action against a homeowner to include, in its pleading
that sets forth a claim for relief, a statement that either party may request
the court to order alternative dispute resolution for the foreclosure claim.
Status: Introduced May 20, 2009; Referred
to Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing. |
SB 203
Plale
History
|
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: Introduced May 14, 2009; Referred
to Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing;
Public hearing held Aug. 18; Passage recommended (3-2) Sept. 16; Available
for scheduling; |
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;
Public hearing held Aug. 18; Passage recommended (5-0) Sept. 16; Passed the
Senate Oct. 20; Referred to Assembly committee on Rules; |
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;
Public hearing held Aug. 18; |
SB 20
Wis. Act
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; Signed by the Governor as 2009
Wis. Act 20
on June 8, 2009. |
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. |
|
Print
Version
|
