Articles Posted in Tort Reform in Georgia

In nearly a half-century as a Georgia lawyer, starting when we had spittoons in jury boxes, bailiffs called greenhorn lawyers “Colonel,” and computers were just huge mainframes in large institutions, I have seen a lot of change. I have tried serious injury cases for over forty years. Years ago, I saw terribly low verdicts for…

In the case of Hartley v. Agnes Scott College, the Supreme Court addressed the question “whether a campus police officer employed by a private college qualifies as a “state officer or employee” who may assert immunity from tort suits under the Georgia Tort Claims Act.” Last year, a plurality decision of the Court of Appeals…

In the national debate over health care there has been much discussion of the fact that many people go to hospital emergency departments for medical care that is not necessarily due to a true emergency involving a serious personal injury  or immediately life threatening illness. There are many reasons for that, some good and some…

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. ……

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…

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…

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 issue,…

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.…

“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…

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…