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Do advocates of more “loser pays” rules offer a solution in search of a problem?
Are people unaware of the “loser pays” sanctions that are already part of Georgia law?
As discussed in previous posts, Georgia already has five statutory “loser pays” rules, four of which passed in tort reform legislation during the time I have been … Continue Reading
Brig. Gen. Thomas R. R. Cobb, father of Georgia’s first “loser pays” statute”
The oldest of the five “loser pays” rules in existing Georgia law has been in effect for nearly 150 years, having first appeared in the Code of 1863.
That Code was largely the work product of Thomas R. R. Cobb, son-in-law of Chief Justice … Continue Reading
Before rushing into legislation to create yet another “loser pays” rule in Georgia law, it is useful to examine the five forms of “loser pays” rules we already have. I wrote earlier about OCGA 9-11-68 (offer of judgment / offer of settlement rule and frivolous claims and defenses rule) and OCGA 9-11-14 (no justiciable … Continue Reading
Advocates of tort reform often call for “loser pays” legislation. Georgia already has five different “loser pays” rules. In earlier posts I have discussed OCGA § 9-11-68, enacted as part of tort reform legislation in 2005, which includes both the offer of judgment / offer of settlement rule and the frivolous claims and defenses rule.
O.C.G.A. … Continue Reading
“Loser pays” is a popular theme among advocates of “tort reform,” many of whom may not understand what the popular political calls for “loser pays” or “tort reform” really mean in any detail. Perhaps some people who say they are for it do not understand that Georgia already has five “loser pays” rules that have … Continue Reading
We hear talk of another round of “tort reform” legislation including a “loser pays” rule. But some of the folks talking about it may not realize that Georgia already has five different “loser pays” rules.
One of the five forms of “loser pays” rules in Georgia is in O.C.G.A. § 9-11-68. Passed as part of the … Continue Reading
When the Georgia General Assembly passed Senate Bill 3 — the "tort reform" conglomeration — in February 2005, most of the legislators hadn’t even read the entire bill, most of its provisions were not discussed in any detail, and hardly anyone understood it. To say it had a lot of poor draftsmanship is an understatement. … Continue Reading
I have begun to hear anecdotal reports of insurance companies using low offers of judgment effectively in small soft tissue injury cases. In those small cases and particularly with lawyers who handle high volumes of small cases, the intimidation factor provided by the new OCGA Section 9-11-68 can be substantial.
At the same time, I … Continue Reading
Offer of Judgment rule may be substantive, for prospective application only, even though SB3 says otherwise
Senate Bill 3 says that the offer of judgment rule should apply to pending cases. However, a Florida case found that similar “loser pays” rule was substantive rather than merely procedural. See Timmons v. Combs, 608 So.2d 1 (Fla.1992) If followed in Georgia, that would exclude retroactive application in cases arising before … Continue Reading
A litte over two months after the General Assembly passed Senate Bill 3, my extremely unscientific survey indicates that the new new Offer of Judgment rule in OCGA 9-11-68 is getting little use. We are not seeing the kind of massive and abusive use of this rule that many of us had feared. I have … Continue Reading