Wisconsin Product Liability Law Proposal

Despite the fact that the Chamber of Commerce ranks Wisconsin in the top half of states to do business in, Governor Scott Walker has recently proposed several changes to Wisconsin tort law, including product liability law changes, claiming these will create jobs. None of the proposed changes will do that and one of these proposed changes will immunize sellers of dangerous and defective products that cause injury or death. No seller of a dangerous or defective product should ever be given what is essentially a blanket immunity.

For a very sad example of how products can kill people, read Asbestos & Insulation Contractors at my Wisconsin Asbestos & Mesothelioma blog.

Wisconsin Injury Attorney

Preemption Garbage Strikes Wisconsin

Blunt v. Medtronic, 2009 WI 16, is another bad example of how the U.S. Supreme Court has screwed up products liability law for consumers. Blunt is likely consistent with the litany of horrific decisions from federal courts, but the result is simply unfair to consumers. Bottom line, the Wisconsin Supreme Court held that this personal injury case was preempted because the FDA approved a defective product that Medtronic effectively recalled. Yeah, that's great, let's assume that the FDA always gets it right and bar consumers from suing for injuries received from an "approved" product even after the manufacturer has essentially admitted the product was bad.

Wisconsin Personal Injury Lawyer

Wisconsin Car Accident Deaths Down

According to this report from the Governors Highway Safety Association, Wisconsin car accident deaths were down 20% in 2008 from the year prior. This article from the Wall Street Journal explains that nationally car accident deathss were down about 10% in 2008. Interestingly, the WSJ article sets forth various speculative reasons for the decrease, including the fact that the Insurance Institute for Highway Safety uses "the power of shame to push car makers to beef up their designs for crash-worthiness." What about the power of product liability lawsuits holding car manufacturers responsible for failing to incorporate reasonable crashworthy designs? Not that I'd expect the WSJ to ever give personal injury lawyers any credit for positive change.

Wisconsin Personal Injury Lawyer

Wall Street! How do you like CAPS now?

President Obama wants to limit certain CEO's pay to $500,000 so I'm wondering now how Wall Street likes caps now. Wall Street CEOs like ex-AIG man Hank Greenberg and the Wall Street rag are always asking for tort reform and love CAPS on personal injury damages!

Wisconsin has caps in nearly all wrongful death, medical malpractice, and municipality cases. Citizens here usually aren't aware how the caps effect them - until they or someone close to them is injured or killed. For example, the cap on all damages in many personal injury cases against Wisconsin municipalities is $50,000. How fair is that? It's not; it's total garbage.

Wall Street now is on the receiving end of caps. An arbitrary number chosen by politicians limiting their right to compensation. I think it's wrong too, but I wonder if Wall Street recognizes how unfair caps are - in personal injury cases.

Wisconsin Personal Injury Attorney

True Justice from the new Dept of Justice?

In a prior post, I explained how federal agencies can and have been used to strip Americans of legal rights. In Revival of Justice: What Obama's DoJ appointees should do first, Yale Law School's Judith Resnik sets forth some ideas for the new administration to revive true justice.

The highlights from my perspective are:

• Acknowledge that the courts are for all citizens;
• Stop government lawyers from cutting off access to courts for civil litigants;
• Don't use support "tort reform" laws ("reform" is really short for deform);
• Give consumers, employees and tort victims more access to court;
• Stop mandatory arbitration (see e.g. your credit card contract);
• Let consumers with tiny claims aggregate in classes so they can get lawyers; and
• Eliminate immunities for government officials and private contractors.

Wisconsin Personal Injury Attorney

Olbermann Countdown Gets 3 Cheers

Almost missed posting on this well done piece. Unbeknowst to many Americans, sometimes an administrator at some federal agency can strip them of their rights.

Wisconsin Personal Injury Attorney

Christian Trial Lawyers

I've expressed my admiration for the Center for a Just Society and it's recent article Are Christian Conservatives Being Bought Off? affirms this. I saw an example of Christians being used in the recent attack on lawyers by a Christian group and conclude that some in Corporate America want to improperly use Christians for their agenda. Contrast that with groups like the Christian Trial Lawyers.

Wisconsin Personal Injury Attorney