Offers of Judgment

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Offer of Judgment Survey

The American College of Trial Lawyers published a 50 state survey, current through October 2004, of state offer of judgment rules. Click here to access a pdf copy of the survey.

Yost Deja Vu; wisdom of “no first use” policy on offers of judgment

Nineteen years ago, the Georgia Supreme Court decided the case of Yost v. Torok, 256 Ga. 92, 344 S.E.2d 414 (1986), holding that any party who brings or defends an action, or any part thereof, that lacks substantial justification or is imposed for delay or harassment, could be liable for a common law tort of … Continue Reading

Georgia tort reform — puzzling offer of judgment rule

Georgia’s tort reform legislation, Senate Bill 3, includes in Section 5 an offer of settlement / offer of judgment provision that, if carried to its full potential, will be extremely oppressive to middle class plaintiffs and may incur “mutual assured destruction” on both plaintiff and defense bars. Or, if a tacit truce evolves and … Continue Reading