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4 Responses to “Open thread…”

1. hey Says:
   February 23rd, 2006 at 11:18 pm

   Friday, February 24, 2006
   GOP leaders back changes in tort law
   By Andy Peters

   Some top Republicans want to change last year’s landmark tort law.

   A bill was introduced Thursday that would alter the so-called “offer of settlement” provision of the tort law. The provision is designed to encourage parties to settle suits and avoid trials.

   It’s the first proposed change to the tort law that has the support of some high-ranking Republicans, who control the General Assembly and governor’s office.

   Lawmakers seek the changes for two reasons, said Rep. Edward H. Lindsey Jr., R-Atlanta, the legislation’s lead sponsor. One reason is because attorneys who have used the provision say it’s confusingly written, which complicates how the measure can be applied in court. The other reason is because in September, Gwinnett County Superior Court Judge Michael C. Clark ruled that the offer-of-settlement provision was unconstitutional because it limited access to the courts.

   “We have come up with something that we think both sides will feel is fair and equitable,” said Lindsey, vice chairman of the House Judiciary Committee (Civil). Proposed changes to the law, contained in House Bill 1461, include:

   – Changes the threshold that must be met for one side to pay the other’s legal fees. Under Lindsey’s proposal, if the defendant makes an offer to settle a suit, but the plaintiff rejects the offer, and the plaintiff fails to get at least 75 percent of the defendant’s offer in the jury’s verdict, then the plaintiff would be required to pay the defendant’s attorney fees from the time the offer was made. If the plaintiff makes an offer to settle, but the defendant rejects the offer, and the plaintiff gets more than 125 percent of the offer, then the defendant would pay the plaintiff’s attorney fees.

   – Clarifies that the offer-of-settlement provision can be used by either the plaintiff or the defendant.

   – Clarifies the procedures under which the plaintiff or defendant can make, accept or reject an offer to settle.

   The most significant is the change to the threshold that either side must meet, said University of Georgia law professor Thomas A. Eaton.

   “The existing law really made the stakes high for a person to turn down an offer,” Eaton said. “[Lindsey’s proposal] is much fairer.”

   The legislation does not address the issue of allowing fee-shifting when plaintiffs file frivolous suits. Under existing law, a jury determines whether the position taken by one party is frivolous.

   The bill’s other sponsors include Reps. Wendell Willard, R-Sandy Springs, and David Ralston, R-Blue Ridge.

   House Speaker Glenn Richardson, R-Hiram, assigned the bill to the House Judiciary Committee (Civil), which Willard chairs. Richardson could have assigned the bill to a special committee on tort laws, which is chaired by Rep. Barry Fleming, R-Harlem. Fleming is not one of the bill’s sponsors.

   Lindsey said his proposal has the support of the Georgia Trial Lawyers Association, which fought last year’s tort law, and three groups that supported passage of last year’s tort law—the Georgia Chamber of Commerce, the Georgia Hospital Association and MAG Mutual Insurance Co.

   “We went out and talked to dozens of people, lawyers on both sides of the issue,” Lindsey said.

   William T. Clark, director of political affairs for the Georgia Trial Lawyers Association, said his group does not support the offer-of-settlement concept, but the group does support Lindsey’s efforts to clarify the law.

   “If we’re going to have [an offer of settlement], it ought to be one that real lawyers can actually use,” Clark said.

   The Georgia Chamber of Commerce does not have an official position on Lindsey’s legislation, said Anne Waters, a spokeswoman for the chamber. “We are aware that [Lindsey] introduced a bill and we’re looking into it,” she said.

   Representatives from the Georgia Hospital Association and MAG Mutual Insurance could not be reached for comment.

   MAG Mutual Insurance is a physician-owned seller of medical-liability insurance.
   The Medical Association of Georgia, which represents physicians, did not participate in the drafting of the legislation, Lindsey said. Deborah J. Winegard, general counsel for the Medical Association of Georgia, could not be reached for comment.

   Gov. Sonny Perdue has not had a chance to look at Lindsey’s proposal, said spokeswoman Heather Hedrick.

   “Last year we passed tort reform to stem the tide of junk lawsuits and give better access to quality health care for women,” Hedrick said. “We’d like to take some time to look at the proposed changes before we have a specific comment.”

   Staff Reporter Andy Peters can be reached at apeters@alm.com.
   Published in the Daily Report on February 24, 2006

2. Carolyn Norman Says:
   February 24th, 2006 at 12:16 am

   I attended the Cobb County District 4 town hall meeting with Annette Kesting, Commissioner. In her district (South Cobb) – she indicated that she wants to expand CCT routes and encourage “affordable” housing in the District. Does this trouble anyone besides me??

3. Michael C Says:
   February 24th, 2006 at 9:13 am

   Carolyn, It bothers me as well. More the “affordable” housing than CCT routes. Public transportation is needed in Atlanta in the worst way. But was she talking Section C housing?

   Cobb just received a grant to study improvements for the section of Austell Rd from Milford Church to the East-West connector.

   On another note what does everyone think of Casey Cagle’s chances in the GOP primary for LT. Governor against Ralph Reed?

4. Bill Simon Says:
   February 24th, 2006 at 9:27 am

   Carolyn,

   A year ago, it would not have troubled me at all because back then, I could trust Tim Lee and Sam Olens with no reservations to shoot down such possibilities.

   Lately, that trust has disappeared. Combine the increase in new developments that they have voted on with this latest “stormwater fee” that will be levied on all property owners, and we have the makings of a Commission who might not follow through on rolling back our property taxes (as Olens indicated he would push for if we supported him on his SPLOST), and, instead, might decide that a better use of those excess funds might be to help Annette Kesting’s wish come true.