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Course Details

This CLE webinar will review and offer insights into Senate Bill (SB) 68, Georgia's tort reform law enacted in 2025. The panel will address how the new law fits into the tort reform movement, its impact outside Georgia, and how the new law affects both strategic and tactical issues in personal injury litigation, and will offer insight into whether it is likely to be effective in achieving the sponsors' stated goals as well as its unintended consequences.

Faculty

Description

Georgia’s tort reform laws include procedural and substantive changes that affect Georgia litigants directly and influence those in other states indirectly. At least some of these changes have roots in Texas jurisprudence, indicating the influence of state court decisions and law well beyond a specific state.

The new law addresses many different subjects, including:

  • Admissibility of seatbelt evidence
  • Limits on special damages
  • New standards for negligent security
  • Removal of anchoring
  • Limits on noneconomic damages presentation
  • Civil procedure reforms (including motions to dismiss, dismissal restrictions, and binding arbitration options)
  • Restrictions on double recovery of attorneys' fees.

The law is not without critics, such as attorneys who represent victims of human trafficking who contend the bill will permit hotels and motels to turn a blind eye to illegal activity. Others note that it imposes new duties on already overworked judges. The new laws also impose new disclosure rules and terms on third-party litigation funding.

Listen as this panel of personal injury attorneys discusses the significance of the new Georgia laws and how they will influence litigation both in and outside Georgia.

Outline

I. Overview of changes

II. Legislative predicates

III. Plaintiff responses and strategies

IV. Impact on tort reform in other states

Benefits

The panel will review these and other important issues:

  • What additional burdens does the new law impose on judges?
  • How will anchoring restrictions be enforced?
  • How have similar reforms worked in other states?
  • Are there any constitutional challenges to the new laws?
  • Strategies for attorneys to effectively represent PI clients under the new rules