Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  



Sykes rebukes Wisconsin high court

Judge Diane Sykes of the Seventh Circuit, who for five years herself sat as a member of the Wisconsin Supreme Court, gave a Hallows Lecture at Marquette March 7 (PDF) rebuking that court for its recent and unprincipled lurch into pro-plaintiff activism. In particular, Sykes analyzes -- and finds wanting -- the court's decision to strike down legislated limits on medical malpractice awards (in the process, inventing a completely novel mutation of the "rational basis" test) and its embrace of market-share liability in suits against lead-paint manufacturers, a theory that no other state has seen fit to adopt (via Althouse).



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.