This week, Georgia Gov. Brian Kemp signed into law a comprehensive package of legal reform measures designed to restore balance and fairness to the state’s troubled civil justice system.
On Monday, Georgia Govenor Brian Kemp signed into law a comprehensive package of legal reform measures designed to restore balance and fairness to the state's troubled civil justice system. The governor's signature was the final step in a historic and often combative multiyear effort.
The action is particularly noteworthy because the legal environment in Georgia had earned the dubious reputation of being one of the worst in the country. The deteriorating legal system was increasingly producing multimillion-dollar verdicts, imposing needless and growing costs on Georgia consumers and businesses, and making it harder to obtain insurance.
The measures put in place by Gov. Kemp and the Georgia General Assembly are long-needed reforms designed to rein in lawsuit abuse that has become too common in the Peach State and reduce the financial burden imposed on Georgians and those who do business there.
The final versions of Senate Bill 68 and Senate Bill 69 include many commonsense reform elements. The measures include provisions that:
- Revise premises liability standards and ensure that property owners will only be held responsible for what they directly control and not, for example, criminal acts outside of their control.
- Eliminate a legal loophole that, in certain cases, enabled lawyers to recover their legal fees twice.
- Establish a regulatory and consumer protection framework for those who engage in third-party litigation funding and make such arrangements more transparent to opposing litigants and the courts.
- Restrict the practice of “anchoring" by preventing attorneys from utilizing artificial benchmarks or suggesting arbitrary and unreasonable amounts for non-economic damages in closing arguments.
- Allows defendants to present evidence in automobile accident cases that shows that a plaintiff was not wearing a seatbelt, enabling juries to more fairly assess responsibility and damages.
- Address excessive and unreasonable “phantom damage" awards by implementing changes designed to ensure that damages awarded for medical expenses reflect the actual costs incurred.
- Make meaningful procedural changes to rules governing the timing of voluntary dismissals and motions to dismiss.
Gov. Kemp, Lt. Gov. Burt Jones, Insurance Commissioner John King, and legislative leaders deserve considerable credit for the leadership and commitment displayed while moving these measures through the legislative process. Countless consumers, businesses and industries also made their voices heard during the development and consideration of these bills. Their advocacy was incredibly important and effective.
One of the loudest champions and most significant advocates for these historic reforms was the Independent Insurance Agents of Georgia (IIAG) and, in particular, John Barbour CEO of IIAG. They stood shoulder-to-shoulder with elected officials from the effort's earliest days and helped build a broad-based coalition of business and community support for these reforms.
While it may be true that success has many fathers, it is impossible to overstate the role that the IIAG played in this high-profile and fiery legislative success story. They were at the tip of the spear of this advocacy effort.
Civil justice reform of this nature is a top public policy priority of the Big “I" at both the federal and state level. In a statement, Charles Symington, Big “I" President and CEO, noted that the Georgia reforms are “thoughtful and much-needed responses to the lawsuit abuse and manipulation of the legal system that have become too common in many parts of the country" and will “help curtail frivolous and unfair lawsuits, lower unwarranted litigation expenses, enhance judicial transparency and reduce related costs needlessly imposed on Georgia workers and businesses."
Efforts to curtail legal system abuse are already underway in numerous other jurisdictions and the Big “I" and other advocates for reform hope that other states will follow Georgia's lead. While legislative battles of this nature may not be easy, the actions of Gov. Kemp, the Georgia General Assembly, and their supporters in the private sector offer proof that commonsense, reasonable, and effective reforms can indeed be implemented.
Wes Bissett is Big “I" senior counsel, government affairs.