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Georgia Tort Reform Cases

By Jonathan B. Wilson

In 2005 the Georgia legislature passed a sweeping tort reform bill (S.B. 3) which enacted a number of measures intended to reduce the incidence of meritless litigation and to decrease the cost of litigation. The 2005 bill included caps on non-economic damages, increased standards of proof for certain medical malpractice claims, and a loser-pays offer of judgment rule. Predictably, the trial bar cried foul and several test cases have wound their way through the system and are likely to be decided by the Georgia Supreme Court in the next few weeks or months. In the interim, however, the Eleventh Circuit has taken the opportunity to wade into the scuffle with an opinion of its own.

Full post as published by Point of Law on March 08, 2010 (boomark / email).