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Georgia Lawmakers Take Another Look at Tort Reform

Republican lawmakers in Georgia are musing publicly on the possibility of amending the tort reform legislation they passed just a few months ago.

According to reporting in The Fulton County Daily Report (not available online) Republican Wendell Willard of Atlanta has criticized the language -- though not the concept -- of S.B. 3's offer of judgment rule as being "too confusing as it's written now". The article cites UGA law professor Thomas Eaton as calling Georgia's offer of judgment rule "a drafting nightmare."

While the Republican Chair of the Senate Judiciary Committee, Preston W. Smith, has agreed to take a look at improvements, he cautions against making too many changes to Georgia's Rule 68 and warns against the motives of some lawyers who are advocating for change. "[Rule 68] encourages the settlement of claims and that interferes with their ability to make more money" he said.

The FCDR article mentions two other possible amendments to the 2005 reform legislation: revising a venue provision to circumvent a recent ruling that questioned the constitutionality of the 2005 reform and restrictions on lawyers' ability to earn contingent fees.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.