Tag Archives: tort reform
Key Georgia legislator tells tort reform advocates to go slowly and work toward consensus
Georgia State Capitol 1904
The Georgia Chamber of Commerce held a forum on tort reform last week. According to today’s Daily Report, Rep. Rich Golick, chair of the House Non-Civil Judiciary Committee who is a corporate attorney for Allstate Insurance Company in his “day job,” told the attendees:
“Go talk to the plaintiffs bar. … See if … Continue Reading
Does Georgia really need more than five “loser pays” rules?
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
Georgia “loser pays” rule # 5 – bad faith, stubborn litigiousness, undue trouble and expense
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
Georgia “loser pays” rule #3 – fee awards for no justiciable issue, delay or harassment
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
Georgia “loser pays” tort reform rule #2 – frivolous claim or defense
“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
“Loser pays” tort reform? Georgia already has offer of judgment rule
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
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.
Isn’t it ironic? Tort reform campaign fizzles in rash of higher verdicts in conservative counties.
As a personal injury attorney in Atlanta, I was initially one of those who feared the worst when the Georgia legislature passed it omnibus tort reform legislation, Senate Bill 3, in 2005. It was as if the political power structure had done everything it possibly could to kill victims of negligence — and the lawyers … Continue Reading
Atlanta trial judge holds medical malpractice damages cap unconstitutional
In case of failure to diagnose broken neck resulting in quadriplegia, Atlanta judge holds $350,000 cap on noneconomic damages in medical malpractice cases unconstitutional.
“Tort reform” critique in the Atlanta Journal Constitution
My good friend Jay Cook from Athens, a former president of the State Bar of Georgia, wrote a stellar guest editorial that appeared on the op/ed page of the AJC this morning. Acknowledging that plagiarism is the sincerest form of flattery, I’m reproducing the whole thing here:
First it was Vioxx. Then it was poisonous pet … Continue Reading