Wisconsin

Prejudgment Rate (All actions) For liquidated damages or damages that can be measured to a reasonably certain standard, 5% or amount agreed to, but not to exceed 12%

• WI Stat. §§ 138.04, 138.05; Betty Andrews Revocable Trust v. Vrakas/Blum, S.C., 779 N.W.2d 723 (Wis. Ct. App. 2009)

If an offer of judgment is made, interest at the rate noted in Wis. Stat. § 807.01(4) may apply.

Prejudgment Accrual Date: From the date due or the date of the breach. If an offer of judgment is made and interest applies, it runs from the date of the offer.

• First Wisconsin Trust Co. v. L. Wiemann Co., 286 N.W.2d 360 (Wis. 1980) (contract action – date of breach); Thermal Design, Inc. v. Project Coordinators, Inc., 730 N.W.2d 460 (Wis. Ct. App. 2007) (liquidated damages – date due)
• Wis. Stat. § 807.01(4).

Post-Judgment Rate: 1% plus the prime rate as determined in Wis. Stat. § 814.04(4)

Post-Judgment Accrual Date: Entry of judgment. Wis. Stat. § 814.04(4)

Wisconsin is a one-party state.

In Wisconsin, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wisconsin you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions.

Wis. Stat. § 968.31

Evidence that is obtained by recording communication is 'totally' inadmissible in civil court cases. Regardless of who took the recording, the only way a recording can be admissible in a civil case is with the consent of the person recorded.

Wis. Stat. §§ 968.27, 968.31, 885.365(1)

Limits on damages for pain and suffering: $750,000 cap on noneconomic damages; In wrongful death cases, noneconomic damages of $500,000 (for a minor) or $350,000 (for an adult) may be awarded

• WI Stat. § 893.55
• WI Stat. § 895.04

Limits on contingent attorney fees: Sliding scale

• WI Stat. § 655.013

Reform of collateral source rule: None. Evidentiary rule nullified by State Supreme Court

Periodic payment of future damages: Mandatory (present value of awards over $100,000 go to PCF for distribution)

• WI Stat. § 655.015

Statute of limitations: 3 years or 1 year from discovery (Foreign Object 1 year from discovery)

• WI Stat. § 893.55

Now that the Supreme Court has overturned Roe:

Wisconsin legislators will try to prohibit abortion. The current governor is supportive of abortion rights, and the Attorney General has sued the Speaker and Majority Leader of the Wisconsin Legislature seeking a declaratory judgment that the pre-Roe ban is unenforceable.

Abortion Bans:

• Telemedicine ban
• Gestational ban
  • 22-week LMP
  • Viability
• Method ban (enjoined)

Abortion Restrictions:

• Mandatory ultrasound requirement
• Biased counseling requirement
• Waiting period requirement
• TRAP requirements: facilities
  • Facility requirements
• TRAP requirements: providers
  • Reporting requirement
  • Admitting privilege requirement (enjoined)
  • Transfer agreement requirement
• Parental involvement
  • Parental consent requirement

Abortion Protections:

• Clinic safety and access law