Wisconsin’s statutory cap on noneconomic damages for medical malpractice cases has taken many twists and turns over the past 30 years. A recent state court of appeals decision in Mayo v. Wis. Injured Patients & Families Comp. Fund has added to this seemingly never-ending saga by striking down the legislatively enacted $750,000 cap on noneconomic damages. The Supreme Court of Wisconsin will likely have the final say.
On August 26, 2016, the 7th Circuit, in a per curiam opinion, denied Wisconsin voter ID challengers a petition for hearing en banc. This opinion was the latest decision in the litigation seeking to invalidate the Wisconsin photo voter ID law that had been signed into law by Governor Scott Walker in 2011. [Read More]
Wisconsin Attorney General Brad Schimel filed an amicus brief with the state's supreme court arguing that investigators should not be able to retain copies of the documents they seized in the "John Doe" probes of associates of Governor Scott Walker. The supreme court had previously ordered the investigator defendants to destroy the documents after it ordered the probe closed. Read more at Courthouse News Service.
Former West Virginia Attorney General Darrell McGraw has filed to run in the nonpartisan election for the state's supreme court in May. McGraw previously sat on the court before five terms as the state's attorney general. He was defeated by current Attorney General Patrick Morrisey in 2012. Read more at The Washington Times.
Governor Scott Walker of Wisconsin signed legislation today eliminating that state's Government Accountability Board, a campaign finance regulator. The Board had been involved in a multi-year investigation of the Governor's campaign activities, but was ultimately rebuked by a state supreme court decision earlier this year. Campaign regulatory responsibilties will now be vested in two separate agencies. Read more at The Milwaukee Journal Sentinel.
The Utah Supreme Court approved a new category of legal practitioners called "limited paralegal practitioners." This type of practitioner will be able to perform basic legal work like filling out and file forms, but will not be able to appear in court. The measure is meant to address unmet demand for legal services. Read more at Bloomberg BNA.
The Wisconsin Supreme Court declined to reopen the "John Doe" investigation of associates of Governor Scott Walker, ruling that the special prosecutor for the case had been improperly appointed. Read more at The Milwaukee Journal Sentinel.
The New Jersey Supreme Court ruled that a malpractice insurer is permitted to back-date a policy cancellation when the health care provider obtained the policy through fraudulent representations. Read more at Asbury Park Press.