For commercial property owners or managers, properly documenting an accident can be critical to defending a premises liability case.
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TORT REPORT: Avoiding spoliation pitfalls in trucking litigation
Attorneys defending insurers and motor carriers for losses resulting from commercial trucking accidents should be aware of evidence spoliation issues specific to that field.
Read More »TORT REPORT: IME recording requests cause for concern
Defense attorneys should be concerned by the recent trend toward recording an independent medical examinations.
TORT REPORT: The evolution of the ‘concerted action’ theory of liability
While the “concerted action” theory of liability develops in Wisconsin, case law from a neighboring state and creative arguments can be successfully employed to defend product-liability cases.
TORT REPORT: Wis. high court examines constitutional right to jury trial
It is a foundation of our criminal justice system that those accused of a crime are entitled to a jury of their peers.
TORT REPORT: What employers need to know about concealed-carry immunity
Wisconsin’s new concealed-carry law, while heralded by many gun-rights advocates, has created some confusion for employers and property owners.
TORT REPORT: Intellectual property law must get creative to protect e-commerce websites
What seems like eons ago, we waited patiently to hear the modem signal, “eeeeee oooooo eeeeee ghghghghgh,” to welcome us to cyberspace. Now Netscape and AOL are long gone and most people are too busy compulsively browsing the Internet on their smart phones to contemplate how profoundly Web access has changed our lives, including how we do business.
TORT REPORT: State Supreme Court allows plaintiffs to continue to recover phantom damages
The Wisconsin Supreme Court ruled in Orlowski v. State Farm Auto. Ins. Co. (2012 WI 21) that, like other personal injury cases, in those cases involving uninsured motorist coverage, the plaintiff is entitled to the full amount of past medical expenses, even those amounts that were written off by the medical providers as a result of a contractual agreement between the medical provider and health insurer.
TORT REPORT: Discovery issues in bad faith claims
Discovery disputes typically come to the forefront of most bad faith litigation.
TORT REPORT: Offers of judgment versus offers of settlement
Wisconsin Statute 807.01 provides the framework for offers of judgment and offers of settlement in civil litigation. Both offers have unique benefits for the party using them.
TORT REPORT: Is Wisconsin now just like everybody else?
The first two months of 2011 brought Wisconsin a new Legislature, a new governor and a wave of tort reform.
TORT REPORT: Litigation concerns in the information age
Today, more than ever, electronic media is pervasive and readily accessible. In fact, some technology analysts estimate around 92 percent of created data is now stored electronically.