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, […]
Wall Street Journal Article Exposes Asbestos Claims Fraud
Date Tue, Mar. 12, 2013 - 12:02pm By Hamilton
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 […]