Judicial Activism - The Wisconsin Supreme Court 2005
Jim Hough of the The Hamilton Consulting Group reviews some just-issued Wisconsin Supreme Court decisions, but also looks back a bit.
Those opinions were Strenke v. Hogner [PDF] and
Wischer v. Mitsubishi [PDF].
That result, if surprising to many, was urged in this prescient article, Punitive Damages in Drunk-Driving Cases: What does 'intentional disregard of the rights of the plaintiff' really mean? by Lance R. Trollop in the Winter 2004 issue of The Verdict, published by the Wisconsin Academy of Trial Lawyers.
The Supreme Court on March 18 handed down two opinions relating to Wisconsin law on punitive damages. The Court issued its interpretation of the Wisconsin statute [s. 895.85 (3)] adopted in the 1995 legislative session. ...
Those opinions were Strenke v. Hogner [PDF] and
Wischer v. Mitsubishi [PDF].
Despite its recognition of legislative intent to adopt a heightened standard, the majority on the Supreme Court actually used the opportunity to craft a standard, based on the Court's interpretation, that is weaker than that which existed prior to the Legislature's action in the '95 session.
That result, if surprising to many, was urged in this prescient article, Punitive Damages in Drunk-Driving Cases: What does 'intentional disregard of the rights of the plaintiff' really mean? by Lance R. Trollop in the Winter 2004 issue of The Verdict, published by the Wisconsin Academy of Trial Lawyers.


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