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Gov. Tony Evers has released his 2019-21 state budget proposal, which includes major reforms to civil procedure in Wisconsin. Among other provisions, the budget seeks to restore plaintiffs' ability to bring qui tam lawsuits and to repeal the 2018 extraordinary session legislation, which is being challenged in both state and federal courts. Meanwhile, new civil cause of action legislation has been introduced in the legislature. Read about these issues, plus Supreme Court and Court of Appeals opinions in this edition of the WCJC newsletter.
Please contact
Andy Cook or Paige Scobee
if you have any questions on these or other civil justice matters.
Please feel free to forward this newsletter to others who may benefit from the information it contains.
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| Gov. Evers Budget Would Restore Qui Tam, Reverse Extraordinary Session |
In his 2019-21 state budget address, Gov. Tony Evers proposed several reforms related to Wisconsin civil procedure. Most notably, the governor is seeking to restore private individuals' ability to bring qui tam claims by reviving the False Claims Act. Also of note, Evers is proposing the repeal of extraordinary session legislation and readministering settlement funds.
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Budget Bill Seeks to Reinsert Anti-Business Qui Tam Law
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In his proposed 2019-21 state budget, Gov. Tony Evers seeks to reinstate a law repealed in 2015, known as "qui tam," which allows private individuals to bring lawsuits on the government's behalf. Evers's proposal goes even further than Wisconsin's previous qui tam law by applying the law not only to Medicaid fraud and but to all state agencies. The Wisconsin Civil Justice Council helped repeal the law in 2015 and will work hard to ensure that it is not enacted back into law.
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Evers Supports Unions in Act 369 Challenge
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Gov. Tony Evers has filed a motion asking the Dane County Circuit Court to grant a temporary injunction on several provisions of the 2018 extraordinary session legislation. The plaintiffs in this challenge include a coalition of labor unions and state Sen. Janet Bewley (D-Mason). Evers, who is a defendant in the lawsuit, argues that the plaintiffs are likely to succeed in their claims that provisions of 2017 Act 369 and 2017 Act 370 are unconstitutional.
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DPW Files Extraordinary Session Challenge
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The Democratic Party of Wisconsin (DPW) has filed a complaint seeking to declare the 2018 extraordinary session legislation in violation of the U.S. Constitution. The complaint, one of several challenges to the extraordinary session, alleges that the legislation violates the plaintiffs' First and Fourteenth amendment rights, as well as the Guarantee Clause.
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| Connecticut Court Dismisses Local Governments' Lawsuit Against Opioid Manufacturers |
In January 2019, a Connecticut state court dismissed one of many lawsuits against opioid manufacturers because the local governments did not have standing to sue. Specifically, the court held the cities were indirectly harmed by the opioid epidemic, and therefore did not have standing to sue.
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| Financial Exploitation Cause of Action Legislation Introduced |
Sen. Bob Wirch (D-Racine) has introduced legislation (SB 41) that would create a new civil cause of action for financial exploitation of a vulnerable person. The bill awards prevailing plaintiffs treble damages (economic and noneconomic), attorney fees, and fees for services of any guardian ad litem incurred because of the litigation.
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SUPREME COURT
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Subtitle
Month Year |
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West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc.
(Duty to Defend)
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In West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc. (2019 WI 19), a 6-0 Wisconsin Supreme Court held that the insurer had a duty to defend in an advertising injury case.
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CityDeck Landing LLC v. Circuit Court for Brown County (Arbitration)
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In CityDeck Landing LLC v. Circuit Court for Brown County (2019 WI 15), the Wisconsin Supreme Court held that circuit courts may not stay private arbitration, even when there is an ongoing insurance coverage dispute connected to the arbitration parties. The 4-2 decision, authored by Justice R. Bradley (joined by Chief Justice Roggensack, Justice Kelly and Justice Ziegler, with Justice Dallet not participating), allows CityDeck Landing to proceed in private arbitration with its contractors.
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COURT OF APPEALS
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Subtitle
Month Year |
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Choinsky v. Germantown School District
(Duty to Defend)
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In an opinion authored by Chief Judge Lisa Neubauer and joined by Judge Brian Hagedorn (both Wisconsin Supreme Court candidates), the Court of Appeals District II held in Choinsky v. Germantown School District (2018AP116) that insurers did not breach their duty to defend when they did not immediately accept the defense of their insured. Furthermore, the insurers did not owe unpaid fees beyond what was agreed upon between the insurers and the attorneys.
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| Faude v. WERC (Wrongful Termination) |
In Faude v. WERC (2017AP842), the Court of Appeals District III held that an employer did not wrongfully terminate an employee because of her union-related activity.
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Town of Little Wolf v. Waupaca County (Mining Nonconforming Use)
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In Town of Little Wolf v. Waupaca County (2017AP1941), the Court of Appeals District IV upheld Waupaca County's decision that a mine was a lawful nonconforming use after the passage of a non-metallic mining ordinance.
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Vallier v. LIRC (Worker's Compensation)
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In Vallier v. LIRC (2018AP936), the Court of Appeals District I held that the plaintiff was not entitled to worker's compensation because her pre-existing condition was not aggravated by a minor injury at work.
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Bakkestuen v. Lepke Holdings LLC (Wages)
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In Bakkestuen v. Lepke Holdings LLC (2017AP2500), the Court of Appeals District IV held that employer Lepke owed dump truck drivers compensation for preparation time before and after actual loading time.
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| March 4, 2019 Written and compiled by Paige Scobee Hamilton Consulting Group |
Wisconsin Civil Justice Council
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(608) 310-5312
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