ALEC Policy Champions Strengthen Georgia’s Civil Justice System
Congratulations to Senator Kennedy, Representative Burchett, and Governor Kemp for their leadership in this important legal space, setting an example for other states to follow.
Leading the nation in civil justice reform this year, Georgia’s legislature recently passed — and Governor Kemp has just signed — a multi-faceted tort reform package. The bill’s sponsors, Senate President pro-Tempore John F. Kennedy and Representative James Burchett, and Governor Brian Kemp led the charge for this much-needed reform.
The bill, SB 68, tackles a variety of civil justice areas through strengthening tort law, from reforming trial conduct to implementing civil procedure updates. Some of the most notable components of the bill include requiring a truthful calculation of actual damages in personal injury cases (eliminating “phantom damages”), allowing for the admissibility of seatbelt evidence, and prohibiting counsel from engaging in jury “anchoring” for pain and suffering damages. The bill also enacts attorney’s fees recovery limitations and raises the threshold for negligence claims.
Several of these provisions in SB 68 run parallel to ALEC model policies, including the ALEC Anchors Away Act, Phantom Damages Elimination Act, and Admissibility In Civil Actions Of Nonuse Of A Seat Belt Act. You can learn more about Georgia’s civil justice reforms in my interview with ALEC Judiciary Task Force Advisor Mark Behrens here.
With SB 68, Georgia stands to ensure those accused of committing a tort get a fair day in court, all while streamlining non-frivolous litigation. Governor Kemp’s prioritization of this comprehensive tort reform package is a testament to his dedication to improving Georgia’s litigation environment and economy. Georgia currently ranks among the worst “Judicial Hellholes” in the nation, coming in at fourth place. With this package targeting some of the most impactful civil litigation issues, the Peach State is likely to improve its tort reputation and fall significantly lower on that list.
Congratulations to Senator Kennedy, Representative Burchett, and Governor Kemp for their leadership in this important legal space, setting an example for other states to follow.