For decades, plaintiffs throughout the U.S. have been filing fewer tort lawsuits. According to recent news reports, about 10 out of every 1,000 Americans filed tort lawsuits in 1993. By 2015, the number was down to less than 2 in 1,000 Americans.
Read More »Tag Archives: Torts
BENCH BLOG: Error in service-of-process dooms tort lawsuit
The Wisconsin Court of Appeals has declared the fundamental importance of appropriate service of process to the viability of a lawsuit.
Read More »Winning streak: Tort-change proponents savor victories, look to make up defeats
In compromising on and even killing some proposed changes to the state’s tort laws, supporters say they have furnished proof they are not mindless puppets controlled by outside interest groups. But plans already are afoot to resurrect some of the tort proposals that did not make it through the Legislature this session.
Read More »‘I’m sorry’ bill gets Assembly approval (UPDATE)
The state Assembly approved on a voice vote Tuesday on a bill that would let doctors and other medical providers apologize or express fault for botched medical procedures without having to worry their words would be used against them in court.
Read More »CAPITOLISMS BLOG: Well, at least we’re not a judicial hellhole
It’s too bad for the Republicans who control the statehouse that tort reform seems to be far less of an issue of public concern than the economy.
Attempts to amend contingency-fee bill fail (UPDATE)
Republican state senators shot down four amendments Democrats offered Tuesday to a bill that would place a $30 million cap on the contingency fees the state can pay to law firms.
Read More »Assembly votes to cap lawyer contingency fees
The state Assembly voted 60-36 Wednesday in favor of a bill that would cap at $30 million the amount of contingency fees lawyers can collect for doing state work.
Read More »Two tort-reform proposals move ahead, one likely dies (UPDATE)
Two Wisconsin tort reform proposals received approvals from a legislative judiciary committee Thursday and one more or less died.
Read More »Editorial: Logic behind tort reform push is unclear
Lawmakers pushing for tort reform at the state Capitol paint a colorful picture of soaring attorney fees and malpractice lawsuits.
Tort reform tug of war: Political opponents pit corporations against citizens in debate
If tort-reform bills now before state legislators had been laws two years ago, Lindy Orlowski would be out about $60,000.
US Supreme Court to decide on preemption of claims against towing co.
The U.S. Supreme Court will decide whether federal law deregulating the trucking industry preempts state consumer protection and tort claims alleging the wrongful disposal of a towed vehicle.
Read More »Mass tort lawyers grow confident after vaginal mesh verdict
After the first case involving a vaginal mesh product to go to trial ended in a $5.5 million verdict for a California woman, plaintiffs’ attorneys are optimistic about the ongoing litigation against four manufacturers of similar products.
Read More »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 reform passes Minnesota House
Four bills that Republicans say will reduce the cost and number of lawsuits in the state passed the Minnesota House of Representatives last week.
Read More »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.
Torts; Punitive damages
10-3506 G.G. v. Grindle
Read More »As lawyers wrestle with tort reform, state Democrats look to reverse changes
Tort reform laws passed earlier this year are starting to cause trouble for Milwaukee lawyer Lynn Laufenberg.
Read More »TORT REPORT: Common interest privilege allows free flow of communication
There may be times in litigation or pre-litigation settings where discussions between the attorneys or parties to a lawsuit that have similar interests in the litigation may claim a privilege as to the content of the conversations. The privilege is known in Wisconsin as the common interest privilege and is codified in Wis. Stat. § 905.03(2).
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.
Torts – Medical records – unlawful disclosure
2010AP1373 Kniess v. Lueder
Read More »10-2311 Arroyo v. U.S.
Torts FTCA; medical malpractice; statute of limitations
Read More »2010AP1758 Bollant Farms Inc., et al vs. Scenic Rivers Energy Cooperative and Federated Rural Electric Insurance Exchange
Torts Nuisance; damages
Read More »10-3743 Purcell v. U.S.
Torts FTCA; armed services
Read More »2010AP2203 Ferris v. Location 3 Corp.
Torts Corporations; individual liability
Read More »2010AP1595 Great Lakes Dart Mfg. Co. Inc. v. Starla Development LLC, et al.
Torts Negligence; causation
Read More »2010AP1401 Wanta v. League of Wisconsin Municipalities Mut. Ins.
Torts Negligence
Read More »2010AP2736 Edwards v. Baraboo School District
Torts Governmental immunity
Read More »2009AP3076 Dyer, et al. v. Waste Management of Wisconsin Inc., et al.
Torts Nuisance; trespass
Read More »2010AP243 Dyer, et al. v. Waste Management of Wisconsin Inc., et al.
Torts Abuse of process
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