Just a few short years ago, Wisconsin’s legal climate was rated among the worst in the country. However, Wisconsin has recently received a national award for tort and legal reform as a result of the bold legislation enacted over the past four years. We can add even more fairness, transparency and predictability to our legal system with the following reforms.

Remove Felons as a Protected Class under the Fair Employment Act

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

Pre-empt Local Employment Discrimination Laws

Federal and state laws each provide workers and potential workers with several areas of protection from discrimination. Some municipalities have gone further and have written additional protected classes into their ordinances, creating a patchwork of local employment laws. Employment discrimination laws are of a statewide concern, and should be treated as such under law.

Prevent Plaintiffs from Recovering Phantom Damages

Allow the admission of evidence of collateral source payments and the admission of evidence of the injured person’s obligations or reimbursement resulting from those payments.

Place Reasonable Limitations on Lawsuit Lending

As banking regulations do not apply to third party financing of consumer litigation, create a state regulatory regime governing lawsuit loans.

Repeal the False Claims Act for Medical Assistance

This law was slipped into the 2007-09 state budget, which provides for triple damages and harsh civil fines as an incentive for private attorneys to sue businesses for alleged fraud. Instead, maintain this authority with the experienced investigators within the state Department of Justice.


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Staff contact: Jason Culotta