Issue Update

2011-12 Civil Justice Initiatives

Last Update May. 1, 2012

Status Complete

Contents

September 2011 Special Session

September 2011 Special Session
- Factors Determining Reasonable Attorney Fees
  - This bill sets forth a number of criteria courts are to consider when awarding attorneys’ fees in fee-shifting cases. The bill also sets a rebuttable presumption that attorneys’ fees are no more than three times compensatory damages.
  - Special Session AB 12
- Trespasser Responsibility Act
  - This bill codifies current law is it relates to the duty of care owed to a trespasser by a possessor of land. The purpose of the bill is to prevent the courts from adopting the new Restatement (Third) of Torts, which expands the duty of care owed to trespassers and exposing possessors of land to greater liability.
  - Special Session AB 22/SB 22
  - WCJC Fact Sheet
- Setting Reasonable Interest on Judgments
  - On November 16, Governor Walker signed Special Session Senate Bill 14 into law. The new law changes Wisconsin’s pre- and post-judgment interest from 12 percent – the highest in the nation – to the Federal Reserve prime rate plus one percent.
  - Special Session Assembly Bill 14/Senate Bill 14
  - WCJC Fact Sheet