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 […]
Wisconsin Slips in Institute for Legal Reform’s Rankings of State Liability Systems
Date Thu, Sep. 17, 2015 - 2:50pm By Hamilton
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 […]
Transfer of Structured Settlements Committee Update
Date Wed, Oct. 15, 2014 - 5:37pm By Hamilton
The Legislative Council Study Committee on the Transfer of Structured Settlement Payments met last week to discuss the bill draft that would create a statute for the issue. Currently, Wisconsin is one of only two states that does not have state statute addressing the transfer of structured settlements. The committee’s discussion of the bill draft […]
Wisconsin Supreme Court Issues Split Decision Resulting in Loss for Manufacturer
Date Wed, Oct. 15, 2014 - 4:31pm By Hamilton
The Supreme Court of Wisconsin on Tuesday, October 7 issued a split decision which resulted in a loss for Sohn Manufacturing in a worker’s compensation case. The issue before the Court was whether the federal Occupational Safety and Health Act (OSHA) preempts the State of Wisconsin from imposing penalties for safety violations under Wisconsin laws. […]
Wisconsin Supreme Court Hears Case Dealing with Non-Compete Agreements
Date Wed, Oct. 15, 2014 - 4:22pm By Hamilton
On Wednesday, October 1, the Supreme Court of Wisconsin heard oral argument in a case that involves an important issue to Wisconsin employers who hire employees on an at-will basis and seek to protect themselves with non-competition, confidentiality, and non-solicitation agreements (hereinafter, “Non-Competes” or “Agreements”). The opinion of a Milwaukee County Circuit Court that is […]