Program Chairs
Michael P. Crooks
von Briesen & Roper, S.C.
Madison
Edward E. Robinson – also presenting
Cannon & Dunphy, S.C.
Brookfield
Presenters
Christine Bremer Muggli
Bremer & Trollop, S.C.
Wausau
Steven T. Caya
Nowlan Law LLP
Janesville
Paul D. Curtis
Axley Brynelson LLP
Madison
Robert D. Ebbe
University of Wisconsin School of Medicine & Public Health
Madison
Rick J. Mundt
von Briesen & Roper, S.C.
Madison
Douglas M. Poland
Stafford Rosenbaum LLP
Milwaukee
Kristen S. Scheuerman
Weiss Law Office, S.C.
Appleton
Hon. Frederick J. Strampe
Waukesha County Circuit Court
Waukesha
8:30 a.m. Insurance Update: Recent Decisions Addressing Reducing Clauses
- Is an insurance company statutorily authorized to reduce its liability limits by the total worker’s compensation and tortfeasor settlement payments?
- Does a reducing clause operate on an individual basis to reduce the limit of liability for “each person” injured in a crash?
Edward E. Robinson
8:55 a.m. Murphy: the Wisconsin Supreme Court’s First Interpretation of the Products Liability Statute
- A discussion of Murphy v. Columbus McKinnon Corp., 2022 WI 109, 405 Wis. 2d 157, 982 NN.W.2d 898
- Elements of strict product liability claims alleging a design defect
- Consumer-contemplation test versus risk-utility balancing test for whether a design was unreasonably dangerous
Douglas M. Poland
9:20 a.m. The More Things Change the More They Stay the Same: Medicare Compliance in a Post-US-Attorneys World
- Recent DOJ and US Attorneys’ Offices announcement with respect to the DHHS’s involvement in civil suits
- How this change will impact Medicare compliance in litigated personal injury cases
- What will stay the same: LMSAs will remain as elusive or settled as they have always been
- Use of the Portal and why it will likely become the most valuable Medicare compliance tool available to litigators
Kristen S. Scheuerman
9:45 a.m. The Impact of Covid Restrictions on Jury Verdicts
- Recent trends in Wisconsin jury verdicts
- What we can learn from recent examples
- Practice pointers for plaintiff and defense
Rick J. Mundt, Steven T. Caya
10:15 a.m. Break
10:25 a.m. The Alt Privilege in Practice – Medical and Other Experts
- Discussion of Burnett v. Alt and its progeny
o Foundation of Alt – court retained experts
o Alt and subsequent Wisconsin caselaw
o Elements and exceptions from caselaw
- Scope of the Alt privilege
o Outside the scope of Alt: fact testimony
o What does Alt cover: opinion testimony
o Who can assert Alt – only available to medical providers?
- Perspectives, challenges and pointers in practice
o Plaintiff: contact with treating physician; medical report letters; and preparing treating physician for testimony
o Defense: Be prepared – know the facts / medicine; Be respectful of doctor’s time; Preparing the IME doctor
Christine Bremer Muggli, Paul D. Curtis, Robert D. Ebbe
11:15 a.m. Judicial Ethics - Challenging Impartiality and Impropriety
- What rules apply to judges?
- What is impartiality?
- What is impropriety?
- How can attorneys challenge impartiality and impropriety?
Hon. Frederick J. Strampe
12:15 p.m. Program Concludes
- Get the scoop on notable trends in verdicts and settlements in the pandemic’s wake
- Know the standard for determining whether a product is “unreasonably dangerous” in design defect cases
- Hear the latest on key cases that address reducing clauses
- Master Medicare compliance, even when a U.S. Attorney isn’t assigned to your case
- Go in-depth on the use and misuse of the Alt privilege
- Pick up ethically sound strategies for dealing with judges who may be harboring bias
- Tort lawyers
- Personal injury lawyers
- Insurance lawyers
- Civil litigators
- General practitioners
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