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Election Preview

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The end of the legislative session always signals the start of campaign season, however, this year the races have already started and the fights are projected to be intense.

Adding to an already tumultuous election cycle, legislators are running in newly redistricted seats, some of which have not been finalized because they are being challenged in the courts. Wisconsin also has a new, earlier primary date (typically September-now August), which means the deadlines for filing a declaration of candidacy and signature gathering have also been bumped up earlier in the year.


Significant Legislation Passed This Session

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The Wisconsin Legislature passed over 200 bills and a number of resolutions during the 2011-12 legislative session. As of March 20, 123 of those bills had been signed into law. Some of the most important bills impacting Hamilton clients include:


High Court Rules that Owners of Property Destroyed by a Forest Fire Are Entitled to Double Damages

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In a 6-1 decision authored by Justice Annette Ziegler, the Wisconsin Supreme Court held that if an owner’s property is destroyed by a forest fire that is caused by negligence of another person, then the property owner automatically is entitled to double damages. Chief Justice Abrahamson, along with Justices Crooks, Prosser, Roggensack, and Gableman joined the majority. Justice Bradley dissented from the majority decision. The case is Heritage Farms v. Markel Ins. Co., 2012 WI 26.


Legislature Passes Ski Hill Liability Protection Legislation, Sent to Governor’s Desk

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This week, the Wisconsin Assembly passed Senate Bill 388, which expands the “assumption of risk” doctrine to protect ski operators who follow certain safety protocols from lawsuits. The bill will now be sent to the Governor for his signature.


Judge Sets Recall Election Dates

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On the morning of March 14th, Dane County Circuit Judge Richard Niess approved the Government Accountability Board’s plan to hold the upcoming recall elections on May 8, and if that becomes a primary election, June 5.