Portion of Georgia Tort Reform Statute Found Unconstitutional

Georgia passed a tort “deform” statute last year. One part of the legislation required a plaintiff to pay a defendant’s attorneys’ fees if the plaintiff did not obtain a judgment of at 25% higher than a defendant’s last offer of judgment.

A trial judge has struck down that provision, saying that “[b]y authorizing attorney’s fees to be awarded against plaintiffs who assert their right to prosecute their claims in court, secure a judgment in their favor, but fail to win as much damages as they hoped, the statute violates [Georgia’s Constitutional] guarantees that “[n]o person shall be deprived of the right to prosecute … [their] cause in any of the courts of this state.”

Here is an articledicussing the ruling.

Thanks to John Philo at Safetylex for telling me about this decision.