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President’s Column: A Call to Action
by: Catherine M. Rottier, President, Wisconsin Defense Counsel
It’s time to do something about Wisconsin’s draconian default judgment rules. If we are really concerned about the maintenance of an equitable system of civil litigation, as our mission statement proclaims, then we should be leading the charge on this important issue of civil justice. Other organizations, including the State Bar Litigation Section, business groups, and even the plaintiffs’ bar association itself, may have an interest in helping us fix what has gone seriously wrong with respect to default judgments in this state.

Wisconsin Holds a Defaulting Insurer Strictly Liable for the Unproven Negligence of its Non-Defaulting Insured
by: Pamela J. Tillman, Meissner Tierney Fisher & Nichols S.C
The law on default judgments in Wisconsin has typically been viewed as rather harsh on a defendant’s ability to obtain relief from a default judgment.2  For insurers that are named as defendants under Wisconsin’s direct action statute, the effects of a default judgment in Wisconsin courts have become even more severe.

Inequality by Default: The One-Sided Nature of Wisconsin’s Default Judgment Rules
by: Andrew B. Hebl, Boardman, Suhr, Curry & Field LLP
Under Section 801.09(2) of the Wisconsin Statutes, a defendant generally must serve an answer within 45 days from the date he or she has been personally served, though in certain instances the deadline is 20 days. Failure to serve an answer within this period can lead to a default judgment in favor of the plaintiff.1

Letter to the Editor: Electronic Discovery in Wisconsin
by: John C. Mitby and Timothy Edwards, LLM, SJD, Axley Brynelson, LLP
We write to comment on the proposed amendments to the Wisconsin Rules of Civil Procedure as they pertain to electronic discovery.  These comments are meant to provide constructive feedback and to generate discussion as the proposed rules are being considered.

Wisconsin’s Proposed E-Discovery Rules
by: Michael J. Cerjak1

Time to Start Watching the Weight in Worker’s Compensation Law
by: Carrie May Poniewaz, Otjen, Van Ert & Weir, S.C.
Obesity is expensive,1 and the worker’s compensation industry in America is not immune to its effects. This became abundantly clear over the past year, as two state courts awarded treatment expenses for claimants’ weight loss surgeries2 and a national study revealed that claims by obese workers can cost up to five times more than claims by those who are not obese.3

Utility Strikes: Exploring the Utility Damage Case
by: Christopher M. Glinski & Frederick J. Strampe, Borgelt, Powell, Peterson & Frauen, S.C.
Last year, an estimate 200,000 utility strikes occurred.1 This article will explore the law governing liability for utility strikes, with an emphasis on how the law may be used to limit liability and damages.

Procrastination by the Insured and Notice Requirements: How Late is Too Late For Insurance Coverage?
by: Nicole M. Weir, Corneille Law Group, LLC
Most insurance policies require the insured to give notice of an accident, occurrence, or loss within a specified period of time -- usually “as soon as reasonably possible” or “as soon as practicable.” But what does this mean? This article will explore the obligation of the insured to provide timely notice and what needs to be shown in order for insurance coverage to be precluded.