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 […]
Legislation Introduced to Change Interest Rates in Small Claims Court
Date Fri, Apr. 17, 2015 - 10:24am By Hamilton
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 […]
Milwaukee Judge Strikes Down Limits for Non-Economic Damages in Medical Malpractice Cases
Date Wed, Oct. 15, 2014 - 1:07pm By Hamilton
On Friday, October 3, Milwaukee County Judge Jeffrey Conen issued an order and decision in which he struck down Wisconsin’s $750,000 limit for non-economic damages medical malpractice cases. The case is Mayo v. Wisconsin Injured Patients Compensation Fund, et al., 2012CV006272 (Oct. 3, 2014). Background The plaintiff, Ascaris Mayo, went to the emergency room suffering […]
Court Upholds Statutory Damages Limit for UW Physicians
Date Wed, Oct. 15, 2014 - 12:20pm By Hamilton
On September 24, the Court of Appeals, Dist. IV located in Madison held that the statutory limit of $250,000 on damage awards against state employees, including University of Wisconsin Hospital physicians, was constitutional. The case is Fiez v. Keevil, 2013AP2711 (Sept. 24, 2014). Background Defendant Robert Keevil, a physician employed by the University of Wisconsin Medical […]
TIF and Structured Settlement Payments Study Committees to Meet Next Week
Date Thu, Oct. 2, 2014 - 3:15pm By Hamilton
Two Legislative Council Study Committees will be meeting next week on Thursday, October 9, at the Wisconsin State Capitol, and Hamilton Consulting will be there to follow the proceedings. The Study Committee on the Review of Tax Incremental Financing will meet at 10 AM on Thursday in Room 413 North. At the meeting, members of […]