To read the entire Officers & Board Members 2011 Guide to the Supreme , President - Bill G. Smith go to: National Federation of Independent Business

www.wisciviljusticecouncil.org Vice-President - James Buchen, J.D. Wisconsin Manufacturers & Commerce

Treasurer - Andrew Franken Wisconsin Insurance Alliance

Secretary - Jerry Deschane WE NEED YOUR SUPPORT Wisconsin Builders Association BECOME A PARTNER James Boullion Associated General Contractors of Wisconsin, Inc.

WCJC’s mission is to promote fairness Eric Borgerding Wisconsin Hospital Association Protecting Wisconsin's Business and equity in Wisconsin’s civil justice Climate through Leadership and system. Often we must fight against an Michael P. Crooks, Esq. Wisconsin Defense Counsel Solidarity aggressive anti-business agenda being advanced by the plaintiffs’ bar that Mary Ann Gerrard, J.D. would weaken the state’s ability to Wisconsin Automobile & Truck Dealers Association

attract new or keep existing businesses. Nick George Midwest Food Processors Association, Inc. Our success is predicated on financial and lobbying support from the WCJC Mark Grapentine, J.D. Wisconsin Medical Society Board members and our vital partners. To date, this leadership and solidarity Matt Hauser Wis. Petroleum Marketers & Convenience Store Assoc. among the business and professional communities has resulted in sweeping Tom Howells victories. But help is always needed. Wisconsin Motor Carriers Association

Beata Kalies Please consider becoming a partner by Electric Cooperatives making a contribution to the: Ed Lump Wisconsin Restaurant Association

Wisconsin Civil Justice Council, Inc. Gary Manke Midwest Equipment Dealers Association c/o Andrew Cook 10 E. Doty Street, Suite 500 John Mielke Madison, WI 53703 Associated Builders & Contractors of Wisconsin

Peter Thillman Wisconsin Economic Development Association Wisconsin at a Crossroads: Methodology and Analysis About Wisconsin Civil Justice Council 2011 Guide to the Wisconsin Cases were chosen through the Wisconsin Civil WCJC is a broad coalition of organizations inter- Justice Council Appellate Program process. Input ested in civil liability issues. Our goal is to The power of the Wisconsin Supreme Court to on case selection was provided by attorney and non achieve fairness and equity, reduce costs, and impact individuals and businesses can equal or -attorney representatives from the 17 business asso- enhance Wisconsin’s image as a place to live and exceed that of the Legislature or the Governor. Yet, ciations that make up the WCJC, as well as other work. To learn more about WCJC, visit the web- few people understand who the Justices are and experts on the issues most important to Wisconsin site at http://www.wisciviljusticecouncil.org. how their decisions shape our lives and economy. businesses. In general, decisions with a positive impact on one type of business and a negative im- Wisconsin Supreme Court Members The Wisconsin Civil Justice Council (WCJC) has pact on another business were excluded. undertaken a biennial Judicial Evaluation of the was ap- Wisconsin Supreme Court. Our purpose is to edu- WCJC selected 14 cases, that involved the follow- pointed to the Supreme Court by Gov. Patrick cate WCJC’s members and the public by providing ing issues of import to businesses: Lucey in 1976 and has won election to the Court a summary of the most important decisions issued in 1979 and re-election in 1989, 1999, and 2009. by the Court which have had an effect on Wiscon- Torts (Product Liability) Since August 1, 1996 she has been Chief Justice, sin’s business climate and to identify trends in how Family Leave or Medical Leave Act and in that capacity serves as the administrative individual Justices voted. Lemon Law (Excessive Damages) leader of the Wisconsin Court System. Statutory Construction Justice was elected in 1995 Constitutional Law Our 2011 analysis shows the Court at a crossroads and re-elected in 2005. Justice Bradley is up for Torts (Liability of Independent Contractors) between a judicially conservative Court that favors re-election in 2015. business growth and judicially liberal control that Worker’s Compensation threatens Wisconsin’s economic climate. Civil Procedure (Default Judgments) Justice N. Patrick Crooks was elected in 1996 and re-elected in 2006. Justice Crooks is up for Major Findings re-election in 2016. Justice David T. Prosser, Jr. was appointed by When Justice David Prosser stands for re-election Gov. in 1998, and elected to a in April, the balance of the Court will be decided 10-year term in 2001. Justice Prosser is up for re- for the next two years. election in 2011.

From 2004-07, the Justices whose votes made it Justice Patience Roggensack was elected in most difficult to operate a business in Wisconsin 2003. Justice Roggensack is up for re-election in held a 4-3 majority in most cases. During this time, 2013. the Wall Street Journal called Wisconsin ‘Alabama Justice Annette Kingsland Ziegler was elected North’ because of the advantage given to plaintiffs in 2007. Justice Ziegler is up for re-election in in suing businesses. 2017. Justice Michael Gableman was elected in 2008. Justice Gableman is up for re-election in 2018.