GEORGIA REFORMS

Arbitration Reform: HB 792 (2003); Amending O.C.G.A. § 9-9-13.  Provides criteria to determine when an award in arbitration can be vacated.

Appeal Bond Reform: SB 411 (2004); O.C.G.A. § 5-6-46.  Expands the cap of $25 million on appeal bonds that applied to punitive damages and expands the cap to cover all forms of judgments in all civil cases.

Appeal Bond Reform: HB 1346 (2000); Amending O.C.G.A. § 5-6-46.  Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.  The reform applies in out‑of‑state judgments during the stay period only.

Asbestos/Silica Litigation Reform: S.B. 182 (2007); O.C.G.A. § 51-14. Reenacts the 2005 legislation struck down on constitutional grounds related to retroactivity. Establishes objective medical criteria required to bring asbestos or silica claims; reforms successor asbestos-related liability.

HB 416 (2005); O.C.G.A. § 51-14. Establishes minimum medical criteria (based on AMA guide to the evaluation of permanent impairment) for the filing of asbestos and silica claims and established criteria for dismissal of pending claims.  Provides that, in general, asbestos and silica claims may only be brought or maintained by Georgia residents

Class Action Reform: SB 19 (2005); O.C.G.A. § 9-11-23.Specifies detailed procedures for the filing and certification of class action lawsuits.  Provides for the interlocutory appeal of class action certifications.

Class Action Reform: HB 792 (2003); Amending O.C.G.A. § 9-11-23.  Updates Georgia class action laws by providing for detailed procedures for class action cases.  Specifies factors under which a court may decline to exercise jurisdiction in a cause of action of a nonresident occurring outside the state.

Collateral Source Reform.  Permits the admissibility of evidence of collateral source payments.  The statute authorizing admission of collateral sources of recovery available to plaintiffs seeking special damages for tortious injury violated the State Constitutional requirement of impartial and complete protection to person and property.  Denton v. Con-Way Southern Express, Inc., 402 S.E.2d 269 (Ga. 1991).

Comparative Negligence: SB 3 (2005); O.C.G.A. § 51-12-33. Provides for comparative negligence amongst all parties for all cases.

Early Offer of Settlement: S.B. 239 (2006).  Provides that a party declining a settlement offer is potentially liable for attorneys’ fees and court costs.  S.B. 239 establishes that a plaintiff who rejects an offer of settlement would be liable for attorneys’ fees and litigation costs if the defendant is found not liable or the final judgment in favor of the plaintiff is 75 percent of the settlement offer.  A defendant who rejects a plaintiff’s offer of settlement would be liable for attorneys’ fees and litigation costs if the plaintiff recovers a final judgment which is 125 percent greater than the offer of settlement.

Expert Witness Standards: SB 3 (2005); O.C.G.A. § 24.9.67.1. Strengthens expert witness rules and adopted the Daubert standard in civil cases.

Forum Non Conveniens: SB 3 (2005); O.C.G.A. § 9-10-31.1. Allows courts to dismiss cases with little or no connection to the venue under the doctrine of forum non conveniens. 

Implied Causes of Action – S.B. 138; O.C.G.A. § 9-2-8; Created the Transparency in Lawsuits Protection Act.  Provided that legislative enactments do not create a private right of action unless expressly stated therein.

Interest Rate Reform: HB 792 (2003); Amending O.C.G.A. § 51-12-14.  Provides that the interest rate on judgments equals the Federal Reserve’s prime rate plus 3 percent.

Joint and Several Liability: SB 3 (2005); O.C.G.A. § 9-10-31. Eliminates joint and several liability.

Joint and Several Liability Reform: Ga. Code Ann. § 51-12-33.  Bars application of the rule of joint and several liability in certain cases where the plaintiff is partially at fault.

Medical Liability Reform/ Expressions of Sympathy: SB 3 (2005); O.C.G.A. § 24-3-37.1. Provides that expressions of sympathy, regret, apology, etc. by healthcare providers are inadmissible as evidence and shall not constitute an admission of liability.

Medical Liability Reform/Emergency Medical Situations: SB 3 (2005); O.C.G.A. § 51-1-29.5. Provides that in claims arising out of the provision of emergency medical care against a hospital emergency department, no physician or health care provider shall be liable unless it is proven by clear and convincing evidence that the physician or health care provider’s actions showed gross negligence.

Medical Liability Reform/Noneconomic Damages Reform: SB 3 (2005); O.C.G.A. § 51-13-1. Limits noneconomic damages to $350,000 per healthcare provider, with an overall aggregate limit of $1.05 million.

Obesity Litigation Reform:  HB 196 (2005); Amending O.C.G.A. § 26-2-430 through O.C.G.A. § 26-2-436. Exempts from civil liability manufacturers, producers, packers, distributors, carriers, holders, sellers, marketers, and advertisers of food (as defined in 21         U.S.C. 321 (f)) or an association of one or more such entities for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused or likely to result from the long-term consumption of food.  The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement.  The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully.  Provides that discovery and all other       proceedings shall be stayed during a motion to dismiss.

Obesity Litigation Reform: HB 1519 (2004); O.C.G.A. § 26-2-430 through O.C.G.A. § 26-2-436.  Exempts from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food (as defined in Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.) or an association of one or more such entities when the claim is for weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the long-term consumption of food.  The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirements.  The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the violation was committed knowingly and willfully.  Finally, H.B. 1519 provides that discovery and all other proceedings shall be stayed during a motion to dismiss. 

Offer of Judgment: SB 3 (2005); O.C.G.A. § 9-11-68. Provides for offer of judgment for all cases. An offering party may obtain litigation costs, including attorney's fees, if the final judgment is not at least 25 percent more favorable than the offer.

Punitive Damages Reform: Clear and Convincing Evidence: Ga. Code Ann. § 51-12-5.1.  Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.

Punitive Damages Reform: Limits on Damages: Ga. Code Ann. § 51-12-5.1 (f)(g).  Limits punitive damages to $250,000 unless the plaintiff demonstrates that the defendant acted with a specific intent to harm.

Venue Reform: SB 3 (2005); O.C.G.A. § 9-10-31; O.C.G.A. § 9-10-31.1. In cases involving multiple defendants, if defendants who reside in the county        where the action is pending are discharged from liability, the non-resident defendant may require that the case be transferred to a county or court in which venue would otherwise be proper.

Venue Reform: HB 792 (2003); Amending O.C.G.A. § 51-12-71.  Provides that Georgia courts may decline jurisdiction of any civil causes of a nonresident by considering the following factors: (1) the place of accrual of the cause of action; (2) the location of witnesses; (3) the residence or residences of the parties; (4) whether a litigant is attempting to     circumvent the applicable statute of limitations of another state; and (5) the public factor of the convenience to and burden upon the court.