Court Hears Oral Arguments in Collateral Source Rule Case

The Wisconsin Supreme Court heard oral arguments in an important case, Orlowski v. State Farm Mut. Ins. Co., 2009AP2848, which will determine whether the collateral source rule applies to underinsured motorist (UIM) policies. The Wisconsin Supreme Court has explained that the “collateral source rule states that benefits an injured person receives from sources that have […]

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Recall Signatures Are Due this Week, Lengthy Review Process and Legal Challenges Will Likely Extend Election Timeline

Recall proponents will finish gathering signatures that must be turned into the Government Accountability Board (GAB) this week. It is expected that there will be enough signatures to place the Governor and four Republican Senators on the ballot. When the actual elections will take place, however, remains to be seen. The Republican Party is already […]

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Assembly to Vote on Mining Bill

The Assembly is expected to debate and pass Assembly Bill 426 on January 26th. Supporters of the bill argue that the bill is needed due to the uncertainty of current permitting laws and rules implemented by the Department of Natural Resources, which they say discourage investment in mining. Moreover, proponents argue that the new law […]

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Venue Statute Tested in Recall Lawsuit

One of the major civil justice reforms passed by the Wisconsin Legislature and signed by Governor Walker in 2011, was 2011 Wisconsin Act 61, which modified Wisconsin’s venue statutes in cases where the sole defendant is the state, a state board or commission, or certain state officers, employees, or agents. The new law was recently […]

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EPA Issues $9.6 Billion Utility MACT Regulations

The EPA has finalized the court-ordered Mercury and Air Toxics Standards (MATS) for power plants. Commonly called the Utility MACT (maximum achievable control technology) rules, they are the first ever standards limiting mercury, acid gases, and other toxic pollution from power plants. The standards were originally ordered to be completed by November 16, 2011, but […]

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Wisconsin Recall Update

Since Hamilton’s last analysis of the recall effort three major events have occurred: 1) the coalition seeking to recall Governor Walker announced updated signature totals; 2) both sides of the recall campaigns made financial reports; and 3) the Government Accountability Board discussed how the signature verification process will be handled. Signature Total Update First, as […]

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A Year in Review: 2011

  To say that 2011 was a historical and eventful year politically in Wisconsin is an understatement. Below is a summary of some of the major events that took place in Madison in 2011.   Gov. Walker’s Budget Repair Bill (Act 10): Very few will soon forget the public employee union changes contained in Gov. […]

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Voter ID Law Challenged

Wisconsin’s new voter ID law is facing some legal and logistical challenges. Three lawsuits have been filed seeking to overturn or modify the law, one in federal court in Milwaukee and two in Dane County Circuit Court. The lawsuits may determine if a photo ID, such as a driver’s license or other government-issued identification, is […]

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Assembly Holds First Mining Bill Hearing

The Assembly Jobs, Economy and Small Business Committee met yesterday for the first hearing on the proposed mining bill, AB 426. This bill is in response to Gogebic Taconite’s proposal to build Wisconsin’s largest ever iron mine. Earlier this year, the company said it needed more certainty in the state’s regulatory process before it proceeds […]

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Gov. Walker, Wisconsin Legislature Receive National Accolades for Enacting Lawsuit Reforms

The American Tort Reform Association (ATRA) today came out with its annual Judicial Hellholes report, and instead of receiving negative scrutiny, Wisconsin received acclaims for the significant lawsuit reforms recently signed into law by Gov. Scott Walker and the Legislature. Although ATRA’s Judicial Hellholes report is renowned for documenting abuses of the civil justice system […]

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