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. Ken Shigley represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and…
Continue reading ›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’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 it…
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