Tort Reform in Georgia

Category RSS Feed

The learning curve of a bar president

In the past 10 days this plaintiffs’ trial lawyer, in the capacity of State Bar of Georgia president, has co-presided over a joint meeting of the State Bar Executive Committee and the Georgia Supreme Court, had a joint press conference with the Attorney General of Georgia and spoke at a lunch meeting that included general … Continue Reading

Struggling with rules on when public defenders can represent co-defendants

As president of the State Bar of Georgia, I have occasion to work on a number of issues and controversies beyond the scope of my own personal injury, wrongful death and commercial trucking accident trial practice.  The following is excerpted from an article by Kathleen Joyner in the Fulton County Daily Report on September 23, … Continue Reading

When drunk bought 12 pack, then killed 6, convenience store accountable under Georgia dram shop law

The Georgia Supreme Court issued a landmark decision today, in FLORES et al. v. EXPREZIT! STORES, holding that a convenience store that sold a 12 pack of beer to a visibly intoxicated customer could be accountable for the injuries and deaths that resulted.
The Georgia dram shop statute, OCGA § 51-1-40, provides:
(a) The General Assembly finds … Continue Reading

True Constitutional conservatives hold 7th Amendment right to jury trial sacred

I applaud the decision of the Republicans newly in control of the United States House of Representatives to read the entire United States Constitution on the first day of the new Congress. Everyone in government should keep the Constitution firmly in mind.
The commitment of  constitutional conservatives’  to our country’s founding principles is widely known. That … Continue Reading

Apportionment of damages statute misconstrued to detriment of injured Georgians

Georgia Court of Appeals holds that apportionment of damages among all at fault is mandatory, even if when victim is blameless and even when recovery from some at fault is impossible.
Continue reading…

Attacks on tort responsibility may have less political traction in light of BP oil spill

BP oil spill puts “tort reform” in a different political light.
Continue reading…

Georgia Supreme Court holds damages cap unconstitutional

Five years after passage of legislation to limit rights of people who have been injured, the Georgia Supreme Court on March 22 unanimously held unconstitutional the $350,000 arbitrary cap on noneconomic damages in medical negligence cases. The "one size fits all" limitation on damages was found to violate the right to jury trial under the … Continue Reading

4,000 years of “tort reform”

As an Atlanta trial attorney representing folks who are badly hurt in interstate commercial trucking accidents, and the survivors of those who are killed, I spend a lot of my time flying around the country to take depositions of trucking company executives and truck drivers, and briefing issues under federal motor carrier safety law. It’s a … Continue Reading

Video of Supreme Court arguments on Georgia medical malpractice caps

A few days ago the Georgia Supreme Court heard oral arguments on constitutionality of the $350,000 cap on non-economic damages in medical malpractice cases. Both trial attorneys and members of the medical profession are waiting with bated breath for the court’s ruling.
Watch the video of the oral argument and tell me how you think the … Continue Reading

Georgia medical malpractice damages cap constitutionality argued in Supreme Court

The tort reform legislation that passed the Georgia legislature in 2005 involved an unfortunate clash between the medical and legal professions. Then just a rank and file attorney handling catastrophic personal injury and wrongful death cases in metro Atlanta, and a back row member of the State Bar Board of Governors, I had no … Continue Reading