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Civil Justice & Legal Reform

WMC believes Wisconsin needs a fair, transparent and predictable legal system for businesses to be able to operate. Frivolous lawsuits and a patchwork of unclear regulations negatively affect the state’s economy. Reforms should be implemented to provide employers with the consistency and clarity they need.

Civil Justice & Legal Reform

Agenda

As the COVID-19 pandemic rages on, responsible Wisconsin businesses need protection from frivolous lawsuits. Enact a meaningful, easy-to-access, liability shield that protects responsible businesses.

Allow juries to review the amount billed and the amount actually paid for medical costs in personal injury cases when deciding how to assess damages.

Lawsuit lending interferes with the administration of justice in our court system because the interest of the lenders often supersedes the interest of the parties to the lawsuit themselves. In addition, lawsuit lending is currently unregulated in Wisconsin. The legislature should place a cap on the interest lawsuit lenders can charge to ensure that the rights of the borrower are protected.

Employers need consistency and certainty in the employment laws they must follow. As it has done for many other areas of employment law, the state should recognize discrimination law as an area of statewide concern and prohibit local units of government from establishing employment discrimination classes that differ from state law.

Oppose proposals that would unfairly increase liability of employers or restrict their access to the court system.

The Wisconsin Judicial Council is an unelected body of attorneys that the state has granted administrative and policy making authorities. The Council has used this authority to undermine duly enacted laws. Eliminating this Council will reinvest this authority where it belongs, within offices of government accountable to the people of Wisconsin: the Legislature, Wisconsin Courts and Governor.

There is a nationwide trend of private interests funding assistant attorneys general and other legal positions that have regulatory authority over businesses. These positions are less accountable to the public. Prohibit the attorney general or district attorneys from accepting funding from private citizens, businesses or non-profit organizations to pay for employees who have a role in regulation, litigation or policymaking related to environmental, energy, labor or taxation.

Third party interest groups have been known to sue businesses, and then in turn to ask the Attorney Generalto coerce businesses into agreeing to a favorable financial settlement for the interest group. This is highly unethical. The Attorney General must be prohibited from engaging in settlement discussions involving private parties where the state government is not a party to the litigation.

Allow employers to terminate or refuse to employ someone convicted of a felony. Require uniform enforcement at the state, county and municipal levels, pre-empting local governments from treating felons as a protected class.

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Partners

Institute for Legal Reform

America has the world’s costliest legal system, and 79% of American voters see the number of “frivolous” lawsuits as a problem. The Institute for Legal Reform is addressing these key issues in order to achieve a fair legal system that promotes economic growth and opportunity.

Institute for Legal Reform logo

Wisconsin Civil Justice Council

The Wisconsin Civil Justice Council’s mission is to promote fairness and equity in Wisconsin civil justice system, with the ultimate goal of making Wisconsin a better place to work and live. WCJC achieves this objective through policy development, legislative lobbying, and our appellate programs.
Evan Umpir

Questions?

If you would like to learn more about our stance on criminal justice and legal reform or have questions, contact Evan Umpir, WMC’s Director of Tax, Transportation & Legal Affairs.

Civil Justice & Legal Reform

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