Frivolous Claims

**PLEASE OPPOSE Senate Bill 85**

BILL: Senate Bill 85 - Sen. Glenn Grothman and Rep. Mark Gundrum

ISSUE: Frivolous Claims

REQUESTED ACTION: Oppose

Background: This bill strips judges of discretion when dealing with frivolous claims, needlessly duplicates and adds confusion to existing rules.

Reason for Opposition: This bill attempts to reverse a 2005 Supreme Court rule supported by both the plaintiff and defense bars.  That rule was passed following a two-year process, giving our courts the tools they need to deter frivolous claims and punish those who bring them.

Despite what some suggest, these laws allow courts to impose sanctions, including the award of expenses and attorney fees, against those who bring frivolous claims. 

This legislation was vetoed last session by Governor Doyle, who said in his veto message "we shouldn't be passing laws that strip elected judges of the tools that both the plaintiff and defense bar agree judges need, and force their hand to treat every frivolous claim exactly the same."  This bill would do just that and should be opposed.

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