Governor Perdue Introduces Tort Reform Legislation to Improve Business Environment, Protect Landowners
Friday, February 6, 2009 |
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“This legislation will make plain that the threat of meritless litigation is not a viable business strategy in
“Through this tort reform package, Governor Perdue is sending an important signal that Georgia is committed to maintaining a strong pro-business environment and that companies who locate here can expect a level playing field in the courts,” said Jim Snyder, chair of the Georgia Chamber of Commerce Law & Judiciary Committee.
SB 101 will protect manufacturers and sellers of medical devices and drugs with a significant presence in
“We will cement our position as a leader in the biotech industry by enacting laws that respect the role of the federal Food and Drug Administration as the regulator of the safety of drugs and medical devices,” Governor Perdue said.
This summer,
“At the same time the world’s bio companies focus on our state, this legislation will show that
SB 108 will provide relief to individuals and companies wrongly sued. Current law provides little deterrent for unfounded lawsuits and often makes it cheaper to settle even if a company is wrongly sued. Under SB 108, in most cases if a claim is dismissed at the earliest possible stage, the litigant bringing the claim will be responsible for the prevailing party’s attorneys’ fees. And if the attorney fails to notify the client of this provision, that attorney could pay the award. Last, the bill will make sure that the costly discovery process will not begin until the legal merits of a complaint have been tested.
“SB 108 will free up our courts to pursue justice in cases with merit, protect our existing businesses that provide jobs for Georgians and attract new investment,” the Governor said.
“This legislation will allow the judiciary to sweep out unfounded lawsuits so that cases with merit can receive the court’s full attention and justice can be pursued,” said Sen. Cowsert.
The Landowner’s Protection Act will protect landowners, who allow hunters to hunt on their property, from being sued for accidents arising during a hunt except those due to gross negligence on the part of the landowner. Likewise, visitors to an agri-tourism attraction (e.g., visiting a farm to pick peaches) would not be able to win lawsuits filed against the landowner for injuries during such a visit except in cases of gross negligence.
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“We want to encourage landowners to open their hunting property and farms to visitors to enjoy
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