Articles Posted in Tort Reform in Georgia

According to an article in the New York Times on 3/6/05, lawyers in states with caps on noneconomic damages have been largely successful in recasting damages to fit the available categories. The article is titled “Go Ahead. Test a Lawyer’s Ingenuity. Try to Limit Damages.” It cites a new study by Catherine M. Sharkey, a…

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…

In the current issue of Business Week magazine there is an article on “How to Fix the Tort System,” which urges pragmatic and limited reforms that would attack abuses while preserving benefits of the system. The approach suggested by Business Week would curb excesses in class actions and frivolous claims, punish those on both sides…

Senate Bill 3 includes the following provision in OCGA 51-13-1(f): “In any medical malpractice action, if an award of future damages equaling or exceeding $350,000.00 is made against any party in the action, the trial court shall, upon the request of any party, issue an order providing that such damages be paid by periodic payments.…