The past few weeks have been very active on the civil justice reform front. The Assembly and Senate Judiciary Committees have held a number of public hearings on bills supported by various Hamilton Consulting clients related to the state’s civil justice system. Eliminating Phantom Damages AB 29/SB 22, authored by Rep. Andre Jacque and Sen. […]
Legislature Considers Civil Justice Reforms
Date Wed, Apr. 3, 2013 - 9:20am By Hamilton
The 2011-12 Legislative Session was a watershed year for civil justice reforms in Wisconsin, but that does not mean that there are no concerns remaining. A number of civil justice related bills have been introduced and are working their way through the system. Limiting Phantom Damages Rep. André Jacque and Sen. Paul Farrow have introduced […]
Injured Patients and Families Compensation Fund Audit Released
Date Tue, Apr. 2, 2013 - 3:51pm By Hamilton
The nonpartisan Legislative Audit Bureau (LAB) recently completed its triennial audit of the Injured Patients and Families Compensation Fund, housed at the Office of the Commissioner of Insurance. The Fund provides participating physicians and other health care providers in Wisconsin with secondary medical malpractice insurance to cover claims that exceed the coverage limits of […]
Wall Street Journal Article Exposes Asbestos Claims Fraud
Date Tue, Mar. 12, 2013 - 12:02pm By Hamilton
The Wall Street Journal on Monday, March 11 published an in-depth article – “As Asbestos Claims Rise, So Do Worries About Fraud” (subscription required) – which reported on the numerous anomalies in the world of asbestos litigation. Specifically, the WSJ reporters noted the significant rise in the number of claims filed with asbestos trust funds, […]
Civil Justice Reforms Once Again a Legislative Priority
Date Thu, Mar. 7, 2013 - 2:50pm By Hamilton
The Legislature has introduced several bills designed to further improve Wisconsin’s civil justice system, building on the dramatic reforms passed during the 2011-12 Session. Eliminating Phantom Damages (AB 29/SB 22): This legislation allows juries in personal injury cases to see all the evidence when determining the amount owed to compensate the plaintiff for his or […]
Legislation Introduced Provides Transparency in Government Retention of Plaintiffs’ Attorneys on Contingency Fee Basis
Date Thu, Feb. 21, 2013 - 4:46pm By Hamilton
Rep. Mike Kuglitsch (R-New Berlin) and Sen. Glenn Grothman (R-West Bend) have introduced legislation (SB 19) that provides greater transparency and oversight when the State of Wisconsin hires private plaintiffs’ attorneys on a contingency fee basis. This legislation applies to contingency fee contracts with private plaintiffs’ attorneys – cases where a plaintiff attorney is paid […]
Legislation Introduced Limiting Double-Dipping in Personal Injury Cases
Date Thu, Feb. 21, 2013 - 4:45pm By Hamilton
Rep. André Jacque (R-DePere) and Sen. Glenn Grothman (R-West Bend) recently introduced SB 13/AB 19, which provides transparency and prevents fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation. Numerous types of personal injury trusts have been created under the federal bankruptcy code and state laws to ensure that injured […]
Legislature Introduces Legislation Limiting Phantom Damages
Date Thu, Feb. 21, 2013 - 4:40pm By Hamilton
Two Wisconsin legislators (Rep. André Jacque (R-DePere) and Sen. Paul Farrow (R-Pewaukee)) have introduced Senate Bill 22, which abrogates the collateral source rule in personal injury cases, thereby allowing defendants to introduce evidence of the amounts actually paid to cover the plaintiff’s medical expenses. Under current law, defendants are not allowed to introduce evidence of […]
2013 Guide to the Wisconsin Supreme Court and Judicial Evaluation
Date Thu, Jan. 17, 2013 - 10:05am By Hamilton
The Wisconsin Civil Justice Council’s 2013 Guide to the Wisconsin Supreme Court and Judicial Evaluation, which highlights the most important business decisions issued by the court over the past two years, is now available. According to the report, Justice Patience Roggensack led the court the past two terms with a 74 percent rating in cases […]
Article Highlights Recently Enacted Civil Liability Reforms throughout the Country
Date Thu, Jan. 10, 2013 - 4:57pm By Hamilton
The Federalist Society this week published an article, Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges, authored by Hamilton Consulting Group’s Andrew Cook discussing the numerous civil liability reform bills passed throughout the country the last two years. In addition, the article discusses recent decisions involving state court challenges to previously enacted […]