A new University of Wisconsin Law School study refutes claims made by third-party groups and legislators in recent years that the Wisconsin civil justice system has harmed businesses and citizens by advocating excessive litigation.?
The report — titled “Civil Justice in Wisconsin-A Fact Book” — was constructed by UW law professor Marc Galanter and Attorney Susan Steingass.
According to Galanter, despite claims made by third-party groups that expensive tort lawsuits are increasing throughout the state, the number of cases is actually decreasing.?
“Tort suits have actually gone down … so the notion that there are a large number of tort suits with groups saying they hurt businesses … the data just doesn’t bare any of that,” Galanter said.?
The report also found less than one percent of cases actually ever go to court, with many cases being settled outside of the court or being decided by a judge without a trial.?
According to the study, Wisconsin does not have the high number of lawyers often touted by third-party groups. According to Galanter, the state has a low density of lawyers, about one-third fewer per capita than the country as a whole.?
Lawyers in the state also tend to be older, with women making up a smaller portion of lawyers in Wisconsin than in the nation as a whole, Galanter added.?
“Relatively low litigation rates, low awards, few trials … doesn’t sound like some monster-from-the-deep threat to the businesses community. … That’s the bottom line,” Galanter said. “Our civil justice system is pretty modest.”
John Metcalf, director of human resource policy for the Wisconsin Manufacturers and Commerce — an organization that has frequently criticized the state’s litigation policy for keeping businesses from coming into Wisconsin — disagreed.?
According to Metcalf, newly proposed litigation laws included in the governor’s budget will make Wisconsin one of the “easiest states in the country to purse negligence claims.”?
The WMC claims the law would allow for a party who is assigned 1 percent of the liability for an injury to have to pay all of the damages, the group’s website said.?
“It’s pretty likely [to pass] given the configuration of the governor and the Legislature,” Metcalf said. “The likelihood is it would have a negative effect on businesses.”
The council has been meeting with members of the Legislature in an effort to ensure the measure stays out of the final budget, Metcalf added.?
Despite this, Galanter plans to distribute his study to members of the media, state lawmakers, law professors, the Wisconsin Bar Association leadership and the business community to help educate them on the facts about Wisconsin’s civil justice system.?
“It is our hope that his account of the facts will not only help citizens to understand the performance of their civil justice system, but will enable them to assess the validity and seriousness of the criticism leveled by its detractors and the defenses raised by its proponents,” Galanter and Steingass wrote in the introduction of the report.?
