Wisconsin Lawmakers Push Back on Court Venue Manipulation

The Wisconsin Senate Committee on Judiciary and Public Safety held a public hearing this week on Senate Bill 226, legislation authored by Senator Dan Feyen and Representative Cindi Duchow. The proposal aims to reform how courts determine venue in civil cases, closing loopholes that allow for what lawmakers call “venue and jury shopping.”

Senator Feyen explained that under current law, plaintiffs can sometimes file lawsuits in counties with little or no connection to the dispute—often by tying jurisdiction to where an insurance company does business. “As an example, let’s say two drivers are in a car accident in Fond du Lac. Right now, if one driver lives in La Crosse and the other driver lives in Milwaukee, the petitioner could file a lawsuit in Madison if the car insurance company does business there,” Feyen said.

SB 226 would remove that option. Instead, cases would need to be filed either in the county where the accident occurred or where the defendant resides. The bill specifies that courts may not base venue on an insurance company’s location if the insurer is only named in the case because it issued a policy to the defendant. Business entities would be considered residents of their place of incorporation and only deemed to do “substantial business” in the county of their principal office.

Feyen emphasized the fairness aspect of the legislation, noting that defendants should not be forced to travel to unrelated counties or face juries with no ties to the matter. “If an accident happens in Fond du Lac County and the defendant resides in Fond du Lac County, then a Fond du Lac County judge should preside over that case, and a Fond du Lac County jury of the defendant’s peers should evaluate their conduct,” Feyen testified.

Proponents argue the bill would reduce burdens on defendants, prevent manipulation of jury pools, and ensure cases are heard in the communities most directly affected by the dispute. “This not only alleviates an immense burden on the defendant by having to travel to a county with no connection to them or the accident,” Feyen added, “but also addresses the current practices of selecting a venue with a jury a petitioner believes might be more favorable or sympathetic to their case.”

The companion bill, Assembly Bill 225, received a public hearing in May and is also moving through the legislative process. SB 226 is co-sponsored by Senators Howard Marklein and Romaine Quinn, along with several Assembly Republicans.

The bill remains under consideration in the Senate Committee on Judiciary and Public Safety, where testimony from stakeholders will help determine whether it advances to the full chamber for debate.