A coalition of 24 states filed a lawsuit on Friday challenging the Obama Administration’s signature environmental regulation, the Clean Power Plan, in response to the regulation being published in the Federal Register last Friday, October 23. West Virginia Attorney General Patrick Morrisey is leading the litigation against the plan which he has called, “the single […]
Federal Government Publishes Controversial Clean Power Plan Rule
Date Thu, Oct. 29, 2015 - 3:08pm By Hamilton
Waters of the U.S. Rule
Date Thu, Oct. 1, 2015 - 2:29pm By Hamilton
On May 27, 2015, the Environmental Protection Agency (EPA) released its finalized Waters of the United States rule just over a year after it released its proposed rule. This rule was proposed to clarify the EPA’s jurisdiction over the nation’s waterways under the Clean Water Act after the Supreme Court’s decisions in Solid Waste Agency […]
U.S. Senate Takes on “Litigation Finance” Industry
Date Thu, Sep. 17, 2015 - 2:51pm By Hamilton
Senator Chuck Grassley (R-IA), Senate Judiciary Committee Chairman, and Sen. John Cornyn (R-TX), Senate Majority Whip, are calling for more transparency in the litigation finance industry. Litigation finance firms fund plaintiffs to pursue lawsuits, taking a cut of the recovery if plaintiffs win or settle with the defendants. Critics of the industry say that firms […]
Wisconsin Slips in Institute for Legal Reform’s Rankings of State Liability Systems
Date Thu, Sep. 17, 2015 - 2:50pm By Hamilton
Rankings Drop Driven in Part by Judicial Behavior The U.S. Chamber Institute for Legal Reform (ILR) routinely conducts a survey of in-house general counsels, senior litigators, and other senior executives at companies with at least $100 million in annual revenues with recent litigation experience in each state (within the last four years). 75% of survey […]
Talgo, State, Settle Lawsuit Over Trains
Date Fri, Sep. 4, 2015 - 10:00am By Hamilton
A three-year-old lawsuit between the state and Spanish train manufacturer Talgo was recently settled for approximately $50 million. The state could end up getting $9.7 million of the settlement back if Talgo sells the two trains the state was previously contracted to buy. The case had been set to go to trial in December, but […]
New Legislation on Motor Vehicle Liability
Date Sun, May. 31, 2015 - 8:06pm By Hamilton
2015 Wisconsin Assembly Bill 92 (AB 92) increases monetary fines, creates a new criminal penalty, and limits the types of damages that are recoverable in lawsuits that derive from car crashes for those who do not have automotive liability insurance. In March, Representatives Sanfelippo, Spiros, Weatherston, Tom Larson, Kapenga, and Jim Ott introduced AB 92 […]
Legislation Introduced to Change Interest Rates in Small Claims Court
Date Fri, Apr. 17, 2015 - 10:24am By Hamilton
Under current Wisconsin law, plaintiffs who win favorable verdicts are usually entitled to recover interest on the monetary judgments awarded to them. There are two types of interest. There is post-judgment interest, which is meant to compensate the plaintiff for loss of the use of the money while a defendant appeals an unfavorable judgment. Post-judgment […]
CAFTA – 10 Year Anniversary
Date Fri, Apr. 3, 2015 - 8:54am By Hamilton
The Class Action Reform Act (CAFTA) turned ten years old a month ago. Introduced by Senator Chuck Grassley (R-Iowa) in early 2005, it passed overwhelmingly in both houses of Congress and was signed into law on February 18, 2005. This Act reformed two problem areas associated with class action lawsuits. Review First CAFTA loosened diversity […]
John Doe Overhaul Bill Passes Senate Committee
Date Fri, Mar. 20, 2015 - 9:19am By Hamilton
Recent Investigations Encourage Legislators to Reform Proceedings A Senate bill to change John Doe proceedings in the state of Wisconsin was recommended for passage by the Senate Committee on Judiciary and Public Safety on a party-line vote and is now available for consideration by the full state Senate. The bill, Senate Bill 43, would significantly […]
Supreme Court to Determine Wrongful Death Case
Date Thu, Feb. 26, 2015 - 3:25pm By Hamilton
On Wednesday, February 4, 2015, the Wisconsin Supreme Court heard oral arguments on the case Christ v. Exxon Mobile Corp. (2012AP1493). The Court will decide whether the discovery rule will apply to third parties in wrongful death and survival actions. Background This case contains wrongful death and survival actions involving nine former employees of Uniroyal […]