June 2, 2005

According to the Savannah Business Report, there are some clarity and drafting problems with the version of liability reform that the Georgia legislature enacted earlier this year, which could in particular pose a snag to the proper operation of the law's "offer-of-judgment" provisions, a mild version of the loser-pays principle. And that's aside from the inconsistency (appropriately flayed by David Bernstein and Peter Nordberg) of the legislature's disparate treatment of expert witnesses in civil and criminal cases, in which civil litigants are accorded strong protection against unreliable scientific evidence, but criminal defendants are accorded nothing of the sort. More: Jun. 3, Jun. 7.