Articles Posted in Wisconsin

The Wisconsin Supreme Court has found that a child lead based paint cannot sue the manufacturers for defectively designing a key ingredient.

The majority found that:

Lead is a characteristic ingredient of white lead carbonate pigment. By definition, white lead carbonate pigment contains lead. Removing lead from white lead carbonate pigment would transform it into a different product. Under these circumstances, we conclude that the design of white lead carbonate pigment is not defective.

Wisconsin’s Supreme rejected yestereday an accident lawsuit seeking damages on behalf of a high school cheerleader who suffered a serious head injury while cheering. The court’s ruling found that the lawsuit was barred by Wisconsin law that prevents participants in contact sports from bringing claims for negligence that stop short of recklessness.

The notion that cheerleading is a contact sport is, of course, completely insane. Courts in their contempt for participant related sports injury lawsuits have stretched the line of what is a contact sport for years. But this is a new level of insanity in Wisconsin.

You can find an article on the case here.

A report released last week by the Manhattan Institute — “Greater Justice, Lower Cost: How a ‘Loser Pays’ Rule Would Improve the American Legal System” — says making personal injury lawsuit losers pay the winner’s legal expenses would improve the fairness of our legal system.

“The integrity of our legal system is under assault. Establishing loser-pays rules and other tort reforms can help restore citizens’ faith in the bedrock of society — justice, fairness and the rule of law,” former New York Mayor Rudy Giuliani write in the preface to the report. (With the election over, Giuliani is apparently capable of complete sentences that do not contain 9/11. I am a little surprised.)
I have not given the issue any thought. I think the problem is that it presents an intimidating bar for Plaintiff’s who have been the victim of the neglignece of someone else in a case that is not clear cut. Do we want to discourage those suits? —–

A Crawford County, Wisconsin jury awared a brain damaged child and his family $11.4 million last week after a three-week medcial malpractice trial.

The article I have read did not break down the economic versus non-economic damages of the award. Wisconsin has a cap on pain and suffering damages in medical malpractice cases of $750,000.

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The Wisconsin District 4 Court of Appeals reinstated a lawsuit filed by the family of an ABC Sports cameraman who died five years ago while installing a camera before a college football game. A Dane County Circuit judge dismissed the case in 2006. According to the wrongful death lawsuit filed on behalf of the cameraman’s family, the director of Camp Randall Stadium failed to install required railings on the platform on which the cameraman was working.

Wisconsin’s diploma privilege rule that allows law students who graduate from Wisconsin law school to become a lawyer without taking a bar exam has brought about a class action lawsuit by those left out. The lawsuit, that was certified by a Wisconsin judge this week, alleges that an out-of-Wisconsin law school graduate are denied due process because it treats students differently.

I think the world might be a slightly better place if people were not so concerned that someone else is “getting over.” I just think the whole thing is silly.