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    • October
      29
      2018
      Litigation Section Blog

      Product Liability Claims in Wisconsin: Tactics for Sellers or Distributors

      Feb. 1, 2011, marked a change in Wisconsin products liability law, including for the liability of a seller or distributor in a products liability case. Michael Gill and Craig Steger discuss the tactics and considerations for both plaintiffs and defendants when handling products liability claims against sellers and distributors in Wisconsin.

    • July
      16
      2018
      Litigation Section Blog

      Tips from the Bench: Oral Argument

      Oral argument may be a misnomer. "It is not so much an argument but rather a discussion with the court to help the court understand the issues and your position," says Barbara O'Brien. Here are some tips from the bench for effective oral arguments.

    • May
      15
      2018
      Litigation Section Blog

      Fixing What Wasn’t Broken: Wisconsin’s New Discovery Rules

      The Wisconsin Legislature recently redefined the scope of allowable discovery in Wisconsin. Ralph Tease discusses how these substantive rule changes – effective July 1, 2018 – represent a dramatic change in the practice of civil law.

    • April
      18
      2018
      Litigation Section Blog

      Protecting Against Bad Behavior by Insurance Companies

      Recent legislation has lowered the interest rate in the timely payment of claims statute. While not often used, this statute continues to have an important role in providing incentive for prompt resolution of claims or a mechanism for compensation to plaintiffs subjected to unreasonable delays, writes Amy Risseeuw.

    • February
      20
      2018
      Litigation Section Blog

      The Rules They Are A-changin’

      The Wisconsin Supreme Court recently initiated several evidence rule changes, including a new witness bias rule, and the Wisconsin Legislature is pondering significant changes to many procedural rules in civil actions. Sarah Zylstra outlines these new – and possibly future – changes.

    • January
      17
      2018
      Litigation Section Blog

      It's a New Year: Let's Expand the Focus on Diversity

      Law firms benefit from a diverse group of lawyers. Lara Czajkowski Higgins discusses the need to broaden the definition of “diversity,” the need to expand diversity efforts to support staff, and the many benefits of doing so.

    • November
      15
      2017
      Litigation Section Blog

      18 Tips to Successfully Advocate for Clients with Mental Illness

      A client's mental illness can complicate a lawyer's ability to represent the client's best interests. Beth Osowski lists 18 tips she's learned from multiple sources – including pertinent ethical rules, precedent, and advice from lawyers and other experts – for lawyers to zealously and successfully advocate for their clients.

    • September
      15
      2017
      Litigation Section Blog

      Filers Beware: Dangers Lurk in Commencing Civil Actions

      There are pitfalls and perils associated with properly commencing a civil action in Wisconsin. Michael Gill talks about those perils, and offers defenses to raise when defects exist.

    • July
      17
      2017
      Litigation Section Blog

      Is Everything Discoverable When Bad Faith Is Alleged Against Insurance Companies?

      Bad faith litigation against insurance companies often involves discovery beyond what is permitted for typical breach of contract claims. Barbara O’Brien explores discovery issues that both plaintiff’s and defense counsel face when a bad faith claim is alleged against an insurance company.

    • June
      13
      2017
      Litigation Section Blog

      Sanctions for Failure to Admit - A Toothless Beast?

      Requests to admit are a frequently utilized tool in the litigation setting, but trial courts seem generally unwilling to impose sanctions for failure to admit. Are the standards in Wisconsin statutes too ambiguous – making threat of sanctions a toothless beast?

    • May
      15
      2017
      Litigation Section Blog

      Objections to Form, Foundation, and Instructions Not to Answer: Do You Know the Deposition Rules?

      Objections to both the form of the question and foundation, if made at the time, can be cured by the questioner. Thus, the rules indicate that those objections are waived if not made at a deposition, but such waiver often does not have much practical effect. In addition, lawyers should be cautious about instructing a deponent not to answer a question unless there is a claim of privilege at issue.

    • April
      12
      2017
      Litigation Section Blog

      Is Mandatory Mediation Losing Its Efficacy with Frequent Players?

      Is mediation in civil cases still effective? Jesse Blocher examines whether mediation is continuing to serve its original purpose. “Some may be surprised to learn of the disincentives that parties and lawyers who mediate frequently have when it comes to forging reasonable compromises at mediation,” he writes.

    • March
      15
      2017
      Litigation Section Blog

      Requesting Electronic Medical Records in a ‘HITECH’ Age

      The HITECH Act, made law in 2009, provides for individuals to quickly access medical records at affordable costs. With the rising costs of litigation for plaintiffs and defendants, limiting and controlling the costs of medical records acquisition in personal injury cases can be a meaningful way to effectuate settlement and protect your client’s bottom line.

    • February
      15
      2017
      Litigation Section Blog

      The Current State of Medical Malpractice Litigation in Wisconsin

      Medical malpractice filings are significantly down in Wisconsin compared with past years, according to a review of recent data. Patricia Epstein Putney explores just why this is the case – and whether this is likely to change.

    • December
      15
      2016
      Litigation Section Blog

      Worker's Comp Refresher for the Casual Practitioner

      Beth Osowski gives a quick update and refresher for lawyers who occasionally face worker’s compensation questions and who practice in the areas of personal injury, employment law, Social Security Disability, or general practice.

    • October
      28
      2016
      Litigation Section Blog

      UIM Practitioners Beware – “Duplicate Payments” May Reduce the Claimant’s Benefits

      Attorneys handling UIM cases need to be aware of duplicate payments provisions in addition to reducing clauses and anti-stacking provisions. The Wisconsin Court of Appeals has recently upheld the application of a duplicate payments provision permitting a UIM carrier to reduce UIM benefits by workers’ compensation awards and Social Security Disability benefits.

    • September
      13
      2016
      Litigation Section Blog

      To Sue or Not to Sue? A Case for Alternative Dispute Resolution

      In the realm of personal injury litigation, pre-suit mediation can be an effective and efficient method to bring the right case to early resolution. Christine Bremer Muggli outlines advantages for both sides in a claim for personal injuries following a motor vehicle accident as an example of an effective use of alternative dispute resolution.

    • August
      23
      2016
      Litigation Section Blog

      Professionalism and the Art of Civility

      The very core of our professionalism should be to espouse civility in every matter that we handle. The essence of what litigators do is resolving conflict, writes attorney Emile Banks Jr. Representing clients zealously must not include treating opposing counsel with discourtesy or disrespect.

    • July
      13
      2016
      Litigation Section Blog

      HITECH: Low-cost Electronic Medical Records

      Under 42 U.S.C. § 17935(e)(1), your client has a right to direct that his or her personal health information be sent to you in an electronic format, and you can save them a bundle because the charges are limited to reasonable and cost-based fees. 45 CFR 164.524(c)(4).

    • June
      08
      2016
      Litigation Section Blog

      Email Preservation at the State Department: Electronic Discovery Lessons for Litigators

      This week the U.S. State Department’s Inspector General released an 80-plus page report detailing the systemic weaknesses in the department’s email preservation system. Although less a system and more an ad hoc employee-driven free-for-all, there are many electronic discovery lessons to learn and warnings to heed for litigators, writes Stephanie Melnick.

    • May
      03
      2016
      Litigation Section Blog

      Welcome to the
      New Litigation Section Blog

      The Litigation Section has established this blog to provide its members with valuable information concerning issues that are important to attorneys engaged in civil litigation or who have an interest in civil litigation.

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