Litigation

Civil justice reform advances in Wisconsin

By Carter Wood

A major tort reform package could pass the Legislature and be on its way to Wisconsin Gov. Scott Walker for his signature by the end of the week. While other new Republican governors -- notably Tom Corbett in Pennsylvania and Rick Scott in Florida -- have also declared civil justice reform to be a priority, Walker is being most aggressive, aided by heavy Republican majorities in both houses of the Legislature. His first act as governor was to call the Legislature into special session to enact tax, government-reform and economy-related legislation, including tort reform.

Walker's Executive Order #1 set specific goals for the liability reform bill:

Limiting noneconomic damages awarded in actions against long-term care providers; actions against manufacturers, distributors, sellers, and promoters of certain products; confidentiality of health care services reviews; use as evidence of information regarding health care providers; reporting of quality indicators identifying individual hospitals; homicide or injury by negligent handling of a dangerous weapon, explosives, or fire; criminal abuse of individuals at risk; criminal abuse and neglect of patients and residents; evidence of lay and expert witnesses; damages for frivolous claims; and punitive damage awards.

Both the Senate and Assembly Judiciary Committees held hearings on the legislation last week, with the Senate Judiciary passing the bill out for a vote on the Senate floor on Tuesday. A House vote would follow Thursday.

The bill is SB1JR1. After being amended by the Senate committee, the bill would impose a cap of punitive damages of twice compensatory damages or $200,000, whichever is greater. State standards of proof would now reflect the Daubert standard, and the law's provisions would be applied prospectively only.

Full post as published by Point of Law on January 17, 2011 (boomark / email).