Friday, April 8, Dane County Circuit Court Judge C. William Foust struck down 2015 Wisconsin Act 1, Wisconsin’s Right-to-Work law. Under 2015 Wisconsin Act 1, “No person may require, as a condition of obtaining or continuing employment, an individual to do any of the following: Refrain or resign from membership in, voluntary affiliation with, or […]
Dane County Circuit Court Judge Strikes Down Wisconsin’s Right-to-Work Law, Appeal Anticipated
Date Fri, Apr. 15, 2016 - 10:08am By Hamilton
Group Hails Civil Litigation Reform Successes – Some Offense, Some Defense
Date Wed, Mar. 30, 2016 - 3:25pm By Hamilton
According to their end of session lookback, Wisconsin Civil Justice Council continued to advance civil litigation reforms this past session, albeit without the sweeping reforms seen in the prior two sessions. WCJC recently released their end of session report noting the following enacted reforms: Repeal of “False Claims for Medical Assistance Act” – Signed into […]
Signed into Law: Statutes of Limitation on Claims Involving Property Damage or Motor Vehicle Accident
Date Mon, Mar. 28, 2016 - 3:10pm By Hamilton
Governor Walker signed AB 223 into law as 2015 Wisconsin Act 133 on February 4, 2016. Assembly Bill 223 introduced by Rep. Spiros (R-Marshfield) and Sen. Lasee (R-De Pere). Under current law, the time limit for initiating a civil action on a contract or obligation, including an insurance policy, is generally six years after the […]
Dies in Committee: Loss-of-Use Liability for Rental Motor Vehicles
Date Mon, Mar. 28, 2016 - 3:08pm By Hamilton
Under Assembly Bill 672/Senate Bill 495, introduced by Rep. Nancy VanderMeer (R-Tomah) and Sen. Chris Kapenga (R-Delafield), a rental company may hold a renter or driver of a rental car liable for loss of use that results from an accident if the renter or driver is cited or charged with inattentive or reckless driving or […]
Dies in Committee: Reviver Statute – Statute of Limitations for Sexual Contact with a Child
Date Mon, Mar. 28, 2016 - 3:06pm By Hamilton
Under current law, the time a person has to bring an action for an injury resulting from being sexually assaulted or subject to incest as a child, or from being subject to sexual contact by a member of the clergy as a child, is any time before the injured party reaches the age of 35. […]
Awaiting Governor’s Signature: Immunity for Private Campgrounds
Date Mon, Mar. 28, 2016 - 3:02pm By Hamilton
Assembly Bill 174/Senate Bill 131, introduced by Rep. Joel Kitchens (R-Sturgeon Bay) and Sen. Devin LeMahieu (R-Oostburg), as amended, would create immunity from civil liability for a private campground in certain circumstances. The legislation passed the Assembly on February 16, 2016, and the Senate on March 16. The enrolled legislation now awaits gubernatorial approval. Under […]
Signed into Law: Liability Limits for Ski Area Operators
Date Mon, Mar. 28, 2016 - 3:01pm By Hamilton
Governor Scott Walker signed Assembly Bill 596/Senate Bill 463 into law as 2015 Wisconsin Act 168 on March 1, 2016. The new statute, introduced by Rep. Adam Jarchow (R-Balsam Lake) and Sen. Duey Stroebel (R-Saukville), changes the term “snow sport” to “alpine sport” and adds “biking” to the list of activities included in the term. […]
Attempts to Repeal Asbestos Trust Reforms Die in Committee
Date Mon, Mar. 28, 2016 - 2:58pm By Hamilton
Assembly Bill 862, authored by Rep. Dana Wachs (D-Eau Claire), and Senate Bill 723, authored by Sen. Kathleen Vinehout (D-Alma), would have reversed a major liability reform priority from last session relating to fraud in asbestos lawsuits involving personal injury trusts. On March 27, 2014, Gov. Scott Walker signed 2013 AB 19 into law as 2013 Wisconsin Act […]
Dies in Committee: Medical Malpractice Claims Relating to an Adult Child’s Death
Date Mon, Mar. 28, 2016 - 2:44pm By Hamilton
Under current law, as stated in Estate of Wells v. Mt. Sinai Medical Center, 183 Wis. 2d 677 (1994), a parent does not have the right to recover for the loss of society and companionship of an adult child who dies as the result of medical malpractice. Sen. Nikiya Harris Dodd (D-Milwaukee) and Rep. Dana […]
Changes to Interest Rates on Small Claims Judgments Legislation Passes Assembly, Dies in Senate
Date Mon, Mar. 28, 2016 - 2:29pm By Hamilton
Assembly Bill 95, authored by Rep. Jeremy Thiesfeldt (R-Fond du Lac), and Senate Bill 76, authored by Sen. Stephen Nass (R-Whitewater), sought to change the interest rate for pre- and post- judgment interest for verdicts in small claims court. AB 95, as introduced, would revise the formula created in 2011 Wisconsin Act 69 back to […]