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The Alt Privilege in Practice: Medical and Other Experts 2023

Product ID: CA3608R4
Presented By: State Bar of Wisconsin PINNACLE

This program is an excerpt from the 46th Annual Torts Update.

Expert essentials 

Wisconsin courts recognize a qualified privilege for expert testimony known as the Alt privilege. Alt holds that physicians and other experts can’t be compelled to give opinion testimony absent compelling circumstances.1 Although experts can be compelled to give fact testimony as to their own observations and actions, the Alt privilege is asserted on a regular basis. It’s crucial for lawyers to recognize when the privilege is appropriately invoked and when it’s being misused.

Gain a better understanding of what testimony can and can’t be compelled from expert witnesses at The Alt Privilege in Practice: Medical and Other Experts. A panel of experienced trial lawyers will answer questions such as:

  • What kind of testimony does the Alt privilege cover?
  • What is the “compelling circumstance” exception to the privilege?
  • Which experts can assert the Alt privilege?
  • Can the Alt privilege be waived? 
Read More ↓

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1 CLE

Date and Time

Friday, March 01, 202412:00 PM - 12:50 PM CT

Add to Calendar 3/1/2024 12:00:00 PM 3/1/2024 12:50:00 PM America/Chicago The Alt Privilege in Practice: Medical and Other Experts 2023

This program is an excerpt from the 46th Annual Torts Update.

Expert essentials 

Wisconsin courts recognize a qualified privilege for expert testimony known as the Alt privilege. Alt holds that physicians and other experts can’t be compelled to give opinion testimony absent compelling circumstances.1 Although experts can be compelled to give fact testimony as to their own observations and actions, the Alt privilege is asserted on a regular basis. It’s crucial for lawyers to recognize when the privilege is appropriately invoked and when it’s being misused.

Gain a better understanding of what testimony can and can’t be compelled from expert witnesses at The Alt Privilege in Practice: Medical and Other Experts. A panel of experienced trial lawyers will answer questions such as:

  • What kind of testimony does the Alt privilege cover?
  • What is the “compelling circumstance” exception to the privilege?
  • Which experts can assert the Alt privilege?
  • Can the Alt privilege be waived? 
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This program is an excerpt from the 46th Annual Torts Update.

Expert essentials 

Wisconsin courts recognize a qualified privilege for expert testimony known as the Alt privilege. Alt holds that physicians and other experts can’t be compelled to give opinion testimony absent compelling circumstances.1 Although experts can be compelled to give fact testimony as to their own observations and actions, the Alt privilege is asserted on a regular basis. It’s crucial for lawyers to recognize when the privilege is appropriately invoked and when it’s being misused.

Gain a better understanding of what testimony can and can’t be compelled from expert witnesses at The Alt Privilege in Practice: Medical and Other Experts. A panel of experienced trial lawyers will answer questions such as:

  • What kind of testimony does the Alt privilege cover?
  • What is the “compelling circumstance” exception to the privilege?
  • Which experts can assert the Alt privilege?
  • Can the Alt privilege be waived? 
Read More ↓

Christine Bremer Muggli is the chief shareholder of Bremer & Trollop Law Offices, S.C. in Wausau, Wisconsin. She graduated magna cum laude from Loyola University, Chicago, and received her J.D. from Loyola University School of Law. Atty. Bremer Muggli is the past-President of the Wisconsin Association for Justice. Since 2006, she has been recognized annually as a Wisconsin Super Lawyer and has now been listed among the Top 10 Attorneys in Wisconsin. In 2010, Atty. Bremer Muggli was honored to be awarded the Robert L. Habush Trial Lawyer of the Year by WAJ. She serves as a member of the American Board of Trial Advocates. 

Atty. Bremer Muggli was a member of the Democratic National Committee through 2016 and was appointed to the Wisconsin Electoral College in 2008 and 2012. She currently serves as a member of Governor Evers’ Judicial Selection Advisory Committee and the Wisconsin Federal Nominating Commission.  She serves on many statewide boards promoting the advancement of democratic ideals. Atty. Bremer Muggli lives with her husband, Paul Muggli, in northern Wisconsin where she centers her law practice serving the injured.

Paul Curtis is a partner at Axley and serves as the chair of the firm’s Litigation Practice Group. Atty. Curtis is a graduate of the University of Minnesota Law School and focuses his practice on insurance defense and commercial litigation. He is board certified in civil trial law by the National Board of Trial Advocacy. Named to the Wisconsin Super Lawyers List for the past seven consecutive years, and the Best Lawyers List for the past 4 years, Atty. Curtis also holds a “superb” rating on Avvo. In addition, Atty. Curtis was named “Lawyer of the Year” in the Best Lawyers in America for Litigation-Insurance. 

Robert Ebbe, JD, CPHRM acquired his BA in Government and Philosophy cum laude from Lawrence University and received his JD cum laude from the University of Wisconsin Law School. In addition to working in private practice as a litigation attorney, Atty. Ebbe worked as Vice President of Risk Management at ProHealth Care in Wisconsin, as well as the UW-Madison School of Medicine and Public Health. Atty. Ebbe’s pronouns are he/him/his. (The views expressed by Atty. Ebbe during his presentation are his alone and do not necessarily reflect the views of the University of Wisconsin-Madison or the UW School of Medicine and Public Health).

  • Understand the foundation of the Alt privilege and its policy underpinnings
  • Determine when the Alt privilege is appropriately asserted and when it’s not
  • Distinguish between fact and opinion testimony from experts 
  • Identify circumstances where an exception could trigger required testimony
  • Gain plaintiff and defense perspectives on working with experts to obtain testimony 
  • Tort lawyers
  • Personal injury lawyers
  • Civil litigators
  • Insurance defense lawyers 
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