2010 WDC Legislative Update
The Wisconsin Legislature recently adjourned the 2009-10 legislative session. A number of bills introduced had a direct impact on WDC Members, including the businesses and individuals that WDC members represent.
Most notable were bills that would have negatively affected defendants’ ability to obtain plaintiffs’ pre and post-accident medical records, and would have severely altered how independent medical exams are performed in personal injury lawsuits (AB 815/SB 628). In addition, a bill introduced near the end of session would have significantly changed the way interest claims under Wis. Stat. § 628.46 are determined by courts (AB 938). Last year, controversial measures inserted in the State Budget were similarly defeated. These measures would have altered Wisconsin’s laws pertaining to joint and several liability, comparative fault, and jury instructions.
WDC President Catherine Rottier, along with WDC Board Members Arthur Simpson, Michael Gill, and Past-President Michael Crooks testified against these bills at legislative hearings. Other WDC members testifying against the bills were Attorneys Stephen Murray, Wayne Maffei, Donald Schultz and Claude Covelli. In addition, WDC member Mark Larson testified against legislation (AB 291/SB 203) that would have expanded recovery for loss of society and companionship in medical malpractice cases. Their (and WDC’s) involvement was invaluable in countering the arguments made by the proponents of the legislation. Because of their involvement, WDC was able to join other groups in helping prevent these bills from becoming law.
The 2009-10 regular session is now officially completed. All bills that failed to pass this session are dead. These bills, however, can be reintroduced next January when the Legislature begins the 2011-2012 legislative session.
Given the odds stacked against WDC and other concerned groups when the session began, it was an extremely successful session. Including the joint and several liability and related comparative fault provisions in the Budget, the most significant bills opposed by WDC this session did not became law. (Please note that SB 182 and SB 20 were not supported by WDC, but the final versions included improvements and the bills were not actively opposed by WDC.)
Please click the link below to download the 2009-2010 WDC Legislative Update:
2010 WDC Legislative Review.pdf
