Thursday, March 12, 2009

Georgia tort reform is not getting much support

Tort reform is not going "as planned in Georgia." Earlier this year I reported on a press release from the Governor of Georgia proposing a number of tort reform provisions in an attempt to "make Georgia more friendly to business." See my comments on January 14, January 15 and February 12. It is now evident that the Governor's approach is not getting much support.
The bill that would have prohibited product liability suits against manufacturers of drugs or medical devices that have been certified by the U.S. Food and Drug Administration died in the Senate Economic Development Committee.
Yesterday, a second tort reform bill was approved by the Georgia Senate but it is a substantially "watered-down" version of the original. This version, passed unanimously by the Senate, removed a provision that required the plaintiff to pay the defendant's costs if the lawsuit was dismissed at the earliest possible stage in the case.
Also, in an unrelated story, Georgia's cap on damages in med mal cases was declared unconstitutional.
Thanks to Chris Robinette from TortsProf Blog for the information on the most recent bill.

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