Provides that any party has a nondiscretionary right to interlocutory appeal of class certification.  Specifies that, absent a showing by the moving party of substantial need and good cause (subject to an assessment of whether the burden of the proposed discovery outweighs its likely benefit), a party is not required to provide discovery of four categories of electronically stored information (ESI) as outlined in the legislation.  Provides that, upon a motion of a party, a court shall limit the frequency or extent of discovery if it determines that one of the following applies: the discovery sought is cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive; the burden or expense of the proposed discovery outweighs its likely benefit or is not proportional to the claims or defenses at issue considering the needs of the case, the amount in controversy, the parties’ resources, the complexity and   importance of the issues at stake in the action, and the importance of discovery in resolving the issues.  Provides that a court, when ruling on a motion for a protective order, may order that discovery may be had only on specified terms and conditions, including the allocation of expenses.  Adds new language to the general scope of discovery by specifically providing that parties may obtain discovery regarding any nonprivileged matter that is relevant to the party’s  claim or defense and is proportional to the needs of the case, considering: importance of the issues at stake in the action; amount in controversy; parties’ relative access to relevant   information; parties’ resources; importance of the discovery in resolving the issues; and whether the burden or expense of the proposed discovery outweighs its likely benefit.  Provides for automatic stay of discovery upon the filing of a motion to dismiss.  Provides for limitations on discovery methods unless otherwise stipulated by the court.  Reduces the statute of limitations for a number of causes of action including fraud, action for injury to character or other rights, and limitation when no other limitation is provided.  Changes the statute of repose for actions that result from deficiency or defect in an improvement to real property.  Lowers the interest rate on untimely payment of insurance claims from 12 percent to 7 percent.  Provides for mandatory disclosure of third party litigation financing.  Makes certain changes as it relates to third party audits of unclaimed property.

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Limits liability for individuals who participate in contact recreational sports activities by changing the standard of care from ordinary negligence to recklessness in cases involving injury.

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Establishes a 6 year statute of repose for actions against accountants, with a one year statute of limitations for causes of action which arise the last year the statute of repose runs.

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Sets forth a number of criteria courts are to consider when awarding attorneys’ fees in fee-shifting cases.  The bill also sets a rebuttable presumption that attorneys’ fees are no more than three times compensatory damages.

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Codifies current law as it relates to the duty of care owed to a trespasser by a possessor of land.  The purpose of the bill is to prevent the courts from adopting the new Restatement (Third) of Torts, which expands the duty of care owed to trespassers and exposing possessors of land to greater liability.

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Overturns the Wisconsin Supreme Court’s 2005 decision, Thomas v. Mallet, where the court adopted the deeply flawed “risk contribution” theory in cases involving lead-based paint. Wisconsin is the only state in the country to have adopted this theory.

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Adopts the Daubert standards for cases tried in Wisconsin courts. This common sense provision affects both parties in litigation by limiting testimony of experts and evidence to that which is based on sufficient facts or data and is the product of reliable principles and methods.

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Makes a number of changes to Wisconsin’s lemon law. Specifically, eliminates automatic double damages, which included the cost of the vehicle; adds more time for the manufacturer and dealer to provide a comparable vehicle; reduces the statute of limitations from six years to three years; allows a court to extend deadlines, reduce, damages, attorneys’ fees and costs if a party fails to reasonably cooperate with another party; and clarifies what constitutes “out of service.”

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Provides transparency and prevent fraud in lawsuits involving personal injury trusts   by creating certain discovery requirements during litigation.  The bill requires asbestos plaintiffs to disclose any and all claims that plaintiffs have filed or will file with asbestos trust funds, along with all of the documents and information that support the trust claim.  A.B. 19 also requires judges to admit trust claims and supporting materials into evidence at trial and prohibits plaintiffs from spuriously alleging that trust claims and their supporting documents are privileged.  Finally, it provides defendants with a powerful tool to ensure that plaintiffs file and disclose all possible claims with asbestos trust.  A.B. 19 authorizes defendants to identify trust claims that the plaintiff could and should file.  If a judge agrees, the case is stayed until that claim is filed and disclosed.

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Repeals Wisconsin’s “False Claims for Medical Assistance Act.”

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Limits employer liability for providing employee references by establishing a presumption that the employer acted in good faith unless rebutted by clear and convincing evidence that the employer knowingly provided false information, acted maliciously, or violated the fair employment law.

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Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders, sellers, marketers, and advertisers of food (as defined in 21 U.S.C. 321 (f)) or an association of one or more such entities for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused or likely to result from the long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully

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Overturns the 1990 Court of Appeals decisions in Ambrose v. General Cas. Co. which denied access to medical records pre-existing the date of the occurrence at issue in a given lawsuit. Allows a court order to provide requested information including directly relevant medical records, pre-existing conditions and treatments.

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Sets forth a number of criteria courts are to consider when awarding attorneys’ fees in feeshifting cases. The bill also sets a rebuttable presumption that attorneys’ fees are no more than three times compensatory damages.

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Provides transparency and prevent fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation.  The bill requires asbestos plaintiffs to disclose any and all claims that plaintiffs have filed or will file with asbestos trust funds, along with all of the documents and information that support the trust claim.  A.B. 19 also requires judges to admit trust claims and supporting materials into evidence at trial and prohibits plaintiffs from spuriously alleging that trust claims and their supporting documents are privileged.  Finally, it provides defendants with a powerful tool to ensure that plaintiffs file and disclose all possible claims with asbestos trust.  A.B. 19 authorizes defendants to identify trust claims that the plaintiff could and should file.  If a judge agrees, the case is stayed until that claim is filed and disclosed. (Andre Jacqui – R)

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