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Links* |
Summary/Status |
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Assembly Bills |
AB 1021 -
Gielow
History |
Condolence as Evidence of
Liability
Summary: Expression of condolence by health care provider is not
admissible as evidence of liability in civil action against provider.
Status: Introduced Feb. 14, 2006; Referred to committee on Judiciary;
Public hearing Feb. 23; Passage recommended (5-3) Feb. 28; Passed the Assembly
(63-33, Paired
2) Mar. 2; Referred to Senate committee on Health, Children, Families, Aging
and Long Term Care; Passage recommended (3-2); Passed the Senate (18-14)
April 27; Vetoed by the Governor May 26, 2006. |
AB 855 -
Oppose
Gundrum
History
|
Frivolous Lawsuits
Summary: This bill requires a court to award a successful party the
actual costs of the action, including reasonable attorney fees, if the court
finds that the action is frivolous, using the same standards in the law before
July 1, 2005.
Status:
Introduced Dec. 6, 2005; Referred to Judiciary; Public hearing Dec. 13; Passage as
amended recommended (5-3) Jan. 19; Passed as
amended,
(61-36, 2
Paired) Jan. 24; Referred to Judiciary; Passage recommended; Failed to
concur in pursuant to SJR 1. |
AB 843 -
Support
Gundrum
History
|
Punitive Damages
Summary: This bill changes the proof that the plaintiff must provide to
recover punitive damages.
Status:
Introduced Nov. 23, 2005; Referred to Judiciary; Public hearing Dec. 13; Passage as
amended recommended (5-3); Passed the Assembly as
amended
(59-38, 2 Paired) Jan. 24; Referred to Judiciary; Passage recommended;
Failed to concur in pursuant to SJR 1. |
AB 778 -
Support
Wieckert
History
|
Jobs Preservation Act-Litigation
Reform
Summary: This bill provides that a manufacturer, distributor, seller, or
promoter of a product generally may be held liable for damages only if the
injured party proves, in addition to the causation, damages, and other elements
of the claim, that the specific product that caused the injury was manufactured,
distributed, sold, or promoted by the defendant.
Status:
Introduced Oct. 20, 2005; Referred to Judiciary; Passage recommended (5-3) Oct.
27; Passed the Assembly as amended by
1,
4,
5, and
6 (57-
39) Nov. 1; Referred to Senate Committee on Judiciary, Corrections and
Privacy Nov. 11; Failed to concur in pursuant to SJR 1. |
AB 766 -
Support
Wieckert
History
|
Medical Malpractice
Summary: This bill creates a limit on noneconomic damages for each
occurrence of medical malpractice of $550,000 for persons under the age of 18,
and $450,000 for persons age 18 and over.
Status:
Introduced Oct. 17, 2005; Referred to Insurance; Passage recommended Oct.
20; Passed the Assembly
(64-30, Paired-4)
Oct. 25; Referred to Senate Committee on Agriculture and Insurance; Public
hearing Oct. 27; Concurrence recommended Nov. 1; Senate concurrence (19-14)
Nov . 8; Enrolled Nov. 14; Vetoed by the Governor Dec. 2, 2005. Refused to
pass veto override (63-36). |
AB 765 -
Wis. Act
51
Gielow
History
|
Medical Malpractice
Summary: Provides coverage under the Patients and families Compensation
Fund of medical school graduates engaged in postgraduate training.
Status:
Introduced Oct. 17, 2005; Referred to Insurance; Passage recommended Oct.
20; Passed the Assembly(96-0)Oct. 25; Referred to Senate Committee on Agriculture and Insurance; Concurrence recommended Nov.
9; Enrolled Nov. 14; Signed by the Governor on Dec. 2, 2005 as 2005
Wis. Act 51. |
AB 764 -
Support
Gielow
History
|
Medical Malpractice
Summary: This bill allows the introduction of collateral source payments
in a medical malpractice case and the introduction of evidence of the injured or
dead person’s obligations of subrogation or reimbursement resulting from those
collateral source payments.
Status:
Introduced Oct. 17, 2005; Referred to Insurance; Passage recommended Oct.
20; Passed the Assembly (60-34,
Paired-4) Oct. 25; Referred to Senate Committee on Agriculture and Insurance; Concurrence recommended Nov. 1; Senate concurrence (19-14)
Nov . 8; Enrolled Nov. 30; Vetoed by the Governor Dec. 2, 2005. |
AB 404 -
Oppose/Monitor
Committee for Review
of Administrative Rules
History
|
Cost of Medical Records
Summary: Prohibits the Department of Health and Family Services from
promulgating a rule under which fees for copies of patient health care records
and X-rays equal certain amounts.
Status:
Introduced May 5, 2005; Referred to Health; 06-07. A. Referred to committee on
Rules June 7; Placed on calendar; Read a second time Rereferred to committee on
Health (59-35);
Failed to concur in pursuant to SJR 1. |
AB 338 -
Support
Vrakas
History
|
Liability Exemption-Obesity
Summary: Provides for a civil liability
exemption for claims resulting from weight gain and obesity.
Status:
Introduced April 15, 2005; Referred to Judiciary;
Public hearing Nov. 29; Passage recommended (5-3) Dec. 19;
Passed the Assembly
(65-32)
Jan. 24; Referred to Judiciary; Failed to concur in pursuant to SJR 1. |
AB 278 -
Support
Committee for Review
of Administrative Rules
History
|
Jobs Act II-Litigation Reform
Summary: Relates to liens, expert opinion evidence, witnesses, and liability of
shareholders.
Status:
Introduced Mar. 30, 2005; Referred to Judiciary; Passed the Assembly April 12
(56-40, Paired,2).
Referred to Senate Judiciary, Corrections and Privacy Apr. 13; Public
hearing May 4; Passage recommended by committee as
amended
(3-2); Available for scheduling; Failed to concur in pursuant to SJR 1. |
AB 203 -
Support
Suder
History
|
Expert Opinion Evidence
Summary: Establishes standards for experts and expert testimony.
Status: Introduced
Mar. 14, 2005; Referred to Corrections and the Courts; Public hearing May
18; Passage recommended by Committee (6-4) June 1; Passage recommended by
committee (6-4) June 7; Failed to concur in pursuant to SJR 1. |
AB 101 -
Support
Huebsch
History
|
Product Liability
Summary: Establishes the criteria to determine if a product manufacturer,
distributor, or seller is liable to a person injured by the manufactured product
based on a claim of strict liability.
Status:
Introduced Feb. 15, 2005; Referred to Judiciary; Passage recommended by committee
(5-2) April 7; In Rules and available for scheduling; Failed to concur
in pursuant to SJR 1. |
|
Senate Bills |
SB 501 -
Oppose
Vetoed
Grothman
History
|
Frivolous Lawsuits
Summary: This bill requires a court to award a successful party the
actual costs of the action, including reasonable attorney fees, if the court
finds that the action is frivolous, using the same standards in the law before
July 1, 2005.
Status:
Introduced Jan. 6, 2006; Referred to Judiciary, Corrections and Privacy; Public
hearing Jan. 11; Passage recommended (3-2); Passed the Senate Jan. 31 (19-13);
Passed the Assembly as
amended Mar.
7 (58-36,
Paired 2); Vetoed by the Governor on Apr. 14, 2006. |
SB 456 -
Oppose
Plale
History
|
Loss of Companionship
Summary: Allows adult parents and adult children respectively to sue for
loss of society and companionship in medical malpractice cases..
Status:
Introduced Nov. 29, 2005; Referred to Judiciary, Corrections and Privacy;
Failed to concur in pursuant to SJR 1. |
SB 448 -
Support
Olson
History
|
Contractors Claims
Summary: Relates to contractor’s notices, claims against certain
contractors and suppliers of dwellings.
Status:
Introduced Nov. 22, 2005; Referred to Housing and Financial Institutions;
Public hearing held Feb. 15, 2006; Passage recommended; Passed the Senate as
amended Feb.
23; Passed the Assembly Feb. 28; Signed by the Governor on Mar. 27 as 2005
Wisconsin Act
201. |
SB 447 -
Support
Grothman
History
|
Punitive Damages
Summary: This bill changes the proof that the plaintiff must provide to
recover punitive damages.
Status:
Introduced Nov. 22, 2005; Referred to Judiciary, Corrections and Privacy; Public
hearing Jan. 11, 2006; Passage recommended; Passed the Senate (19-14)
Jan. 31; Passed the Assembly as
amended (56-37,
Paired 4) Mar. 7; Enrolled Mar. 15; Vetoed by the Governor on April 14,
2006. |
SB 402 -
Support
Kanavas
History
|
Manufacturer/Seller Liability
Summary: This bill changes the proof that the plaintiff must provide to
recover punitive damages.
Status:
Introduced Oct. 24, 2005; Referred to Judiciary, Corrections and Privacy;
Passage recommended Nov. 1; Passed the Senate (19-14)
Nov. 8; Assembly concurrence Dec. 13; Vetoed by the Governor on Jan. 6, 2005. |
SB 201 - Oppose/Monitor
Committee for Review
of Administrative Rules
History
|
Cost of Medical Records
Summary: Prohibits the Department of Health and Family Services from
promulgating a rule under which fees for copies of patient health care records
and X-rays equal certain amounts.
Status:
Introduced May 5, 2005; Referred to Health, Children, Families, Aging and Long
Term Care; Placed on June 15 calendar; Read a second time; Referred to Health,
Children, Families, Aging and Long Term Care; Public hearing Jan. 12, 2006;
Failed to pass pursuant to SJR 86. |
SB 161 -
Support
Wis. Act
325
Reynolds
History
|
Liability Exemption-Obesity
Summary: Provides for a civil liability
exemption for claims resulting from weight gain and obesity.
Status:
Introduced April 7, 2005; Referred to Judiciary, Corrections and Privacy; Public
hearing Nov. 22; Passage recommended (3-2) Dec. 2; Passed the Senate
(24-9)
Feb. 22; Passed the Assembly Mar. 2 (63-33,Paired
2); Signed by the Governor on April 14, 2006 as 2005
Wis. Act 325. |
SB 159 -
Oppose
Decker
History
|
Jury Explanations
Summary: Requires the court in civil action to explain to the jury the
legal conclusions that will follow from the jury’s possible findings.
Status: Introduced
April 7, 2005; Referred to Judiciary, Corrections and Privacy; Failed to pass
pursuant to SJR 1. |
SB 70 - Support
Kanavas
History
|
Expert Opinion Evidence
Summary: Makes changes to current law
regarding testimony of experts and expert opinions.
Status:
Introduced Feb. 17, 2005; Referred to Judiciary, Corrections and Privacy;
Passage recommended by committee (3-2) April 6; Passed the Senate (18-15) Sept.
20; Referred to Assembly; Enrolled Nov. 10; Vetoed by the Governor
Jan. 6, 2006. |
SB 58 - Support
Kanavas
History
|
Product Liability
Summary: Establishes the criteria to determine if a product manufacturer,
distributor, or seller is liable to a person injured by the manufactured product
based on a claim of strict liability.
Status:
Introduced Feb. 15, 2005; Referred to Job Creation, Economic Development and
Consumer Affairs; Passage recommended by committee (3-2) April 6; Passed Senate
(18-14)
May 3, 2005; Received in the Assembly May 12; Enrolled on Nov. 10;
Vetoed by the Governor Jan. 6, 2006. |
