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Wednesday, January 19, 2011

Keeping an Eye on the First GOP Law to Repeal: Tort Reform. Assembly takes a shot next.

It looks like business might be getting rid of the uncertainty of getting sued.
Jsonline: The state Senate approved a bill Tuesday that would offer individuals and businesses more protection from lawsuits - a measure praised by the business community but condemned by advocates for the elderly and disabled as a shield for abusers. The bill on lawsuits passed 19-14 along party lines and now heads to the Assembly. Walker said in a statement it will "improve our business environment."
Sen. Julie Lassa (D-Stevens Point) said new standards for expert testimony would make it tougher for prosecutors to try criminal cases. The bill "makes Wisconsin softer on crime," she said.
So if a company provided a product or service that harmed or killed someone, a person would have to prove that company meant to cause harm, intentionally, and not by accident. If they sold a bad product, but didn’t intend to harm or kill someone, no penalty.  
Raise the threshold for winning punitive damages in lawsuits so that plaintiffs would have to prove that defendants acted "with intent to cause injury to a particular person" or with a knowledge that their action would lead to that result.  
The law would also ban a paper trail and eye witnesses to prove you were harmed:
Prevent reports required by state regulators, or statements from employees of a health care provider, from being used as evidence in civil and criminal actions.
Democrats will need to repeal and replace this insane giveaway to business with the old law.

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