Reply #86: ALEC Commends Gov. Walker for Decreasing Burdens on Businesses by Reforming Wisconsin’s Legal System [View All]

WASHINGTON, D.C. (Jan. 27, 2011) - Wisconsin Gov. Scott Walker (R-WI) signed into law today Special Session Senate Bill 1, legislation aimed at reforming the state’s civil justice system. The American Legislative Exchange Council (ALEC) commended newly-elected Gov. Walker and the new Wisconsin legislature for their leadership in responding quickly to their mandate to restore business confidence and for making tort reform one of their top priorities to achieve this goal.

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The bill comes at a critical time, when Gov. Walker called the legislature into special session for the express purpose of decreasing burdens on business and reigniting the state’s sluggish economy. This bill is a strong piece of reform legislation that will have a significant impact on Wisconsin’s legal climate and economic viability.

ALEC is deeply committed to the advancement of substantive civil justice reform in the states and supports this legislation, which includes numerous provisions that reflect the policy and model legislation of the ALEC Civil Justice Task Force.

Among other things, SB 1 will keep junk science from tampering with justice, will strengthen the standards for filing products liability cases against manufacturers, and will discourage inflated punitive damages awards where unwarranted.

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01/13/2011
Profits Before People: Senate Bill 1 / Assembly Bill 1 Are All Wrong

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The destructive consequences of this legislation include:

* Changes punitive damages criteria for those injured on the job. Victims of at work accidents will now have the burden of proving that the injury was “intended” by the employer in order to be awarded punitive damages. This new heightened standard effectively closes the courthouse door to most victims of egregious conduct resulting in serious injury or death. Had this proposed new standard been in place at the time that three ironworkers; Jeffrey Wischer, William DeGrave and Jerome Starr; fell to their deaths from a crane basket during the construction of Miller Park stadium in Milwaukee, their families would have been denied a punitive damage award.

* Changes to product liability law that encourage the export of jobs. The bill requires that victims harmed by faulty products seek compensation from the manufacturer first. Since it is near impossible to track down manufacturers and pursue legal remedies in countries such as China, this bill creates a perverse incentive to shift more manufacturing jobs out of Wisconsin.

* Eliminates retailer responsibility for harmful products sold in sealed packages. This means that if a child is injured by a faulty toy the family has limited rights and options.

* Limits the rights of nursing home residents’ families to protect their loved ones from negligent care. The bill changes legal standards for nursing homes making it significantly harder to hold institutions accountable. It would deny families access to reports that show a pattern of abuse or mistreatment.

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