Articles Posted in Tort Reform in Georgia

A new study by Washington D.C.-based think tank Economic Policy Institute undermines the economic arguments for “tort reform.” The report by Economist Lawrence Chimerine and Ross Eisenbrey shows there is no evidence that lawsuits brought by consumers harmed by dangerous products and services have had any negative effect on the economy or on insurance rates.…

Senate Bill 3 says that the offer of judgment rule should apply to pending cases. However, a Florida case found that similar “loser pays” rule was substantive rather than merely procedural. See Timmons v. Combs, 608 So.2d 1 (Fla.1992) If followed in Georgia, that would exclude retroactive application in cases arising before the effective date…

At least two trial judges have declined to apply the newly enacted Daubert rules for expert witnesses retroactively. Both Judge Melody Clayton in the State Court of Cobb County (Marietta) and Judge Hermann Coolidge in the State Court of Chatham County (Savannah) reached the same conclusion. Applying the new standards for expert testimony in an…

Arguments have been raised to the effect that the enactment of Daubert standards in Senate Bill 3 is unconstitutional on grounds of violation of separation of powers, equal protection and due process. The constitutional arguments set forth below are from a brief filed by David E. Tuszynski in the case of Mason v. Home Depot,…

A.M. Best reported on 4/25/05 that “the U.S. property/casualty industry reported improved operating results in 2004 for the second straight year,” and that “for the first time since 1978, underwriting results were profitable, with a combined ratio of 97.9.” Invested assets were up 17% from 2003, and surplus grew at a 13.5% rate, and return…

The Fulton County Daily Report (subscription required, $) published an article on 4/20/05, reporting that the tort reform lobby isn’t finished in Georgia. According to the article, there are plans to come back in 2006 with proposals to limit contingent attorney fees with some sort of sliding scale, and to make “collateral sources” (payments that…

Last week Judge Tony DelCampo in the State Court of DeKalb County held unconstitutional a provision of Georgia’s new tort reform statute affecting venue in medical malpractice cases. Section 9-10-31(c) provides for a medical malpractice defendant to transfer venue to the county where a negligent act occurred. Judge DelCampo held that this provision violates the…

Senate Bill 3 amended 9-10-31 to bring back a “vanishing venue” rule as follows: (d) If all defendants who reside in the county in which an action is pending are discharged from liability before or upon the return of a verdict by the jury or the court hearing the case without a jury, a nonresident…

We’ve never said there weren’t abuses on both sides of the tort system, or that there wasn’t room for improvement, but a lot of the “crisis” arguments for trashing the civil justice system seemed clearly overstated insurance industry propaganda. Now, a study of Texas Department of Insurance records dating back to 1988 debunks the argument…

In “False Alarm: How the media helps the insurance industry and the GOP promote the myth of America’s “lawsuit crisis,” Stephanie Mencimer reveals the role of corporate media outlets in the propoganda campaign to strip citizens of rights through “tort reform.” She concludes: “The news coverage may be creating some unexpected consequences: Some academic researchers…