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Gov. Perdue Proposes Tort Reform

By
Chris Camp
@ January 14, 2009 2:45 AM
Permalink | Comments (5) | TrackBacks (0)

(WSB State Capitol Bureau)  -- Gov. Perdue is recommending a couple of proposals to curtail frivolous lawsuits in Georgia.

The first plan would require parties that bring a suit against a company or individual which is then dismissed due to lack of merit to pay the attorney's fee of the other party.

"The bill will make sure the costly discovery process will not begin until the legal merits of a complaint have been tested," Perdue told a crowd at the annual Eggs and Issues Breakfast hosted by the Georgia Chamber of Commerce.

He's also proposing a measure that would protect Georgia companies from litigation if their products have been approved by the Federal Drug Administration.

"This will free up our courts to pursue justice and cases with merit, protect our existing businesses that provide jobs for Georgians and attract new investment," says Perdue.

But Bill Clark with the Georgia Trial Lawyers Association calls both proposals irresponsible.

"There are ample remedies in our legal system now to hammer anyone who would bring a frivolous lawsuit," he tells WSB's Sandra Parrish.

He says the measures further take away the constitutional rights of Georgians.

"It would be interesting if the Governor were interested in curtailing some of the frivolous defenses that used in litigation, but apparently that's not on his agenda," says Clark.

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What others are saying

  • Tort Reform Examples
    Lawsuits such as two UGA students suing Athens-Clarke County because they claim that the police telling them to turn down their music violated their state constitutional rights or the couple in 2007 that sued NBC for their text messaging costs they incurred when entering into a Deal or No Deal contest which they claimed was illegal gambling in Georgia and therefore they should be reimbursed? Gee, I don’t see any reason for reform.
  • tort reform
    This has been needed for years...Its much to easy to sue..we would free up much court time and concentrate on real issues and remedies.
  • Tort Reform
    You speak so rashly. Don't forget there will be election day 2010.

    Most of the attorneys I have come in contact with show little interest in earning their fees. Their sole interest seems to be having their palms filled with lucre. Incompetence is not only tolerated, but encouraged. Having a State Bar staffed by lawyers, passing judgement on lawyers is the proverbial fox guarding the henhouse. Georgia NEEDS tort reform with some real TEETH. This is a step in the right direction.
  • Tort Reform
    I never understood why we did not follow the long established tradition of the loser paying the other party’s legal fees, as it is in England. It seems to me that we trust too much on the legal profession regulating itself. This will make it harder for the ACLU to find clients for “civil rights lawsuits”.
  • Perdue's Tort Reform
    "Protect Georgia companies..." spoken like a true Republican! We the people hired you and we pay you to to protect us not them! The war on the middle class is over, governor. Your side lost on Election Day 2008.
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