(The Center Square) – There’s some fear in Madison that the liberal-majority Supreme Court could turn Wisconsin into “Alabama North.”
The Institute for Reforming Government, a conservative think tank, is out with its latest primer, this one focusing on tort reform and what it believes could happen if liberals keep control of the Wisconsin Supreme Court.
“Under Gov. Scott Walker, the state adopted a number of laws that better balanced the civil legal system with commonsense reforms that incorporated many principles of law from the federal courts,” IRG wrote. “This improved tort climate was a key factor driving Wisconsin’s rise in the ‘Best State for Business’ rankings throughout the 2010s, rising from the 41st best state for business in 2010 to a top-10 ranking by 2017.”
US News & World Report has Wisconsin ranked as the 25th best state of business currently, while Forbes has Wisconsin ranked 21st.
IRG’s Jake Curtis said it’s not just about the rankings.
“Many reforms signed by Gov. Walker are at risk of being terminated by future Supreme Court action, and businesses must take note,” Curtis added.
Conservative judge Brad Schimel is running for an open seat against liberal judge Susan Crawford.
A Schimel victory would flip the court back to a conservative majority and would likely mean the Walker-era tort reforms would stay in place.
A Crawford victory, IRG warned, could make Wisconsin into “a tort hellhole for employers and a haven for trial lawyers looking to make a quick fortune.”
“The Wisconsin Supreme Court is currently considering a case (Estate of Lorbiecki v. Pabst Brewing Co.) which could fundamentally alter Wisconsin’s punitive damages scheme. The case could also be the first to set a precedent undermining the caps, with the second strike coming in future years,” the IRG primer added.
A Walker-era law (Act 2) caps punitive damages in Wisconsin at $200,000 or twice the amount of any compensatory damages, whichever is larger.
IRG is also worried about a liberal-majority court reversing product liability limits, encouraging frivolous lawsuits by eliminating frivolous lawsuit fees, and eliminating statutes of limitations for medical malpractice claims or “incentivizing” lawsuits over obvious injuries.
