Wednesday, January 14, 2009
At Tuesday's "Eggs and Issues Breakfast," Georgia Governor Sonny Perdue outlined his priorities for 2009, including two tort reform items. Although the details are vague, the Governor's press release describes a modified loser-pay rule, where a losing plaintiff would bear the costs of the defendant's attorneys' fees if the suit is dimissed "at the earliest possible stage." In addition, discovery would be delayed "until the legal merits of a complaint have been tested." The second proposal appears to provide a kind of state-created preemption; the press release provides that the legislation would "protect companies with a significant presence in Georgia from lawsuits if their product received approval from the federal Food and Drug Administration."