Winston Churchill once said “A lie gets half way around the world before the truth has a chance to get its pants on.” Unfortunately this is the case with the civil justice system. If you are an HBO subscriber, the new documentary “Hot Coffee” is definitely worth taking the time…
Mark Twain once wrote “nothing so needs reforming as other people’s habits.” John Stossel recently presented a program on Fox News vilifying the American Civil Justice System and Trial Lawyers and promoting “tort reform”. The Tort Reform movement, led by people like Mr. Stossel, believes we should restrict the constitutional…
Public debate continues to rage over new security measures being used on passengers at our nation’s airports. At the center of the controversy are the body scan machines (“naked scanners“) that uses radiation to create naked images of us for security personnel to review. If the passenger refuses the naked…
The State of Georgia’s Constitution has for over a century contained a provision prohibiting the legislature from passing any law that would permit a contract that defeats or lessens competition. Ga. Const. Art. III, Sec. VI, Par. V(c). Based on the protection of our Constitution, Georgia law prohibits enforcement of…
In 2005, under extreme pressure from the insurance industry, the Georgia Legislature passed sweeping tort reform measures (known as SB3) drastically changing Georgia law. At the heart of SB3 is OCGA § 51-13-1, which limits noneconomic damages in medical malpractice actions. Under this law no matter what value a jury…
Since 1863, Georgia law has required that those practicing medicine for compensation must bring to the exercise of their profession a reasonable degree of care and skill, and Georgia law has provided that any injury resulting from a want of such care and skill shall be a tort for which…
In 2005, by the narrowest of margins, the Georgia Legislature passed sweeping changes to Georgia’s tort laws, known as SB3. Included in those changes was the new “Offer of Settlement” statute, codified at OCGA § 9-11-68. The Offer of Settlement statute has created a new mechanism for punishing a party…