Wednesday, September 28, 2011

Civil Justice and the Guillotine Governor...

Ever since his election as Governor of Wisconsin in November 2010, civil justice in this state has inched closer and closer to the guillotine.  In the name of "job creation" and "tort reform" (fancy terms of art which really equate to "I, the Governor of Wisconsin, am sleeping with corporations and to pay them back for electing me, I will allow them to do business here with impunity), he has consistently set out to eliminate any recourse for people injured or killed in this state.  It is so very sad that this state elected him as Governor.  He is supposed to care for, protect, and nourish us, as citizens of the State of Wisconsin.  Instead, he cares for, protects and nourishes the corporations which elected him to power.

He claims to help us by "job creation".  But is he really creating jobs? What jobs is he killing in order to create? And at what cost?

I am a lawyer.  More importantly, I am a civil litigator for individuals who have been harmed through no fault of their own.  I fight for those who have been wronged and cannot fight for themselves.  It is an honor.

However, ever since January 2011 (really November 2010 because we all know the bills introduced in January were drafted even before he was elected) the law (my tool- the mechanism I use to help people)  protecting the civil rights of the citizens of Wisconsin has quickly eroded.

Below is a letter I have sent to various news outlets in the hopes that it will be published, people will read it, and people will oppose the bills I discuss.  Why should these bills be opposed?  Quite simply, the ONLY purpose these bills will be introduced is to severely limit the rights of injured peoples to obtain fair, just and reasonable compensation for injuries they sustain due to the fault of others.  This is not "job creation" or "tort reform".  Bill proposals like this is a declaration of "Screw Accountability".

This is a democracy and we have certain rights and means to pursue those rights.  He cannot and should not take those rights away with autocratic rule.

Civil rights means a lot more than phony "job creation". Please read on and oppose the upcoming legislation:


I have felt it coming ever since he was elected Governor of Wisconsin in November 2010. It began with tremors, that led to outrage (voiced prominently by Unions), which has led to an all out assault by him against the citizens of Wisconsin.

Under the guise of “tort-reform” and “job creation”, he has, and continues to, demolish accountability and responsibility for those businesses, corporations, and reckless individuals that injure others.  But, he has traveled the state and found that employers and workers want a sense of certainty.  However, the only thing certain is that he is out to undermine our civil justice system and prevent persons injured in Wisconsin from seeking compensation they rightfully deserve.

He has already made it incredibly costly (and near impossible) to pursue doctors and nursing homes that negligently or intentionally injure patients.  These people now have little to no recourse for the injuries they sustain due to such carelessness because somehow, his “protections” create jobs.

He has put a severe cap on punitive damages.  The award of such damages is to punish the person/company that committed the wrong and to show that tortfeasor that such conduct is reprehensible and should never happen again.  Now, because “screw accountability” is his motto, said individuals or corporations may merely receive a slap on the wrist even though their actions killed a person, and the individual or corporation knew their actions could result in death.

Now he attempts to pass legislation, which again hurts all citizens.  But hey, hurting citizens is fine with him as long as he can later say, “I created jobs.”  These proposals are LRB 2670, LRB 2890, LRB 2939, LRB 2966 and LRB 2838, and will be discussed March 29, 2011.

He wants to provide immunity from lawsuits to manufacturers and sellers of medical devices/drugs if: their product received approval from the FDA (ever heard of recalls or false tests?); in a failure to warn case, the labeling was made available to the consumer, the person who prescribed the drug/device, and the labeling was in compliance with established FDA standards; and no defect in design if it undergoes a strenuous (like a tough work out?) FDA approval process.

Again, this is in the name of “tort reform” (which really means “Hey, companies, come to Wisconsin- you can produce products that kill my citizens but I, the Governor, have made it so no one will sue you and you can keep on killing) and “job creation” (which is a fancy term of art meaning screw accountability, lets make money and it does not matter at whose expense). 

So WAKE UP WISCONSIN, and oppose these proposals.  “Tort reform” and “job creation” are just terms a sneaky politician uses to lure you in to favoring his goals and forever abdicating your ability to obtain civil justice for an injury you sustain at no fault of your own.

1 comment: