Georgia's Gov. Perdue wades back into tort reform
Associated Press
Wednesday, January 14, 2009

ATLANTA - Gov. Sonny Perdue waded into one of the thorniest issues under the Gold Dome Tuesday by proposing a legislative package aimed at reducing lawsuits that he called frivolous.

The measures would stick plaintiffs who sue companies with the legal fees if their lawsuits are dismissed early in the process and would make it more difficult for lawyers to file lawsuits against bio-tech companies with ties to Georgia.

"With the help of the General Assembly, we'll make plain that the threat of meritless litigation is not a viable business strategy in Georgia," the governor told more than 2,500 business leaders at an annual Georgia Chamber of Commerce breakfast.

The news was warmly received by the chamber, which has long called for a more "level playing field" involving civil litigation.

The measures threaten to reopen a bitter debate that erupted the last time Georgia politicians considered vast changes to the legal system. The rancorous 2005 battle over medical malpractice rules galvanized doctors and lawyers across the state.

The Georgia Trial Lawyers Association, the powerful lobby that represents plaintiff's attorneys, said it was caught off guard by Perdue's announcement. None of its lobbyists were at the breakfast, and the group scrambled to begin its defense.

"People in Georgia are really hurting. We have some really serious issues that legislators have been working to solve," said Rebecca Bukant DeHart, the group's spokeswoman. "And right now they're proposing on top of all this to take away the constitutional rights of the people in Georgia?"

Perdue spokesman Bert Brantley said the governor has yet to tap a legislative sponsor for the proposal, and many of its details remained vague. But a white sheet released by Perdue's office said it aims to crack down on "nuisance lawsuits" by rewriting Georgia's tort rules.

The first prong would require plaintiffs who file claims that are dismissed at the earliest stage in the legal process to pay for the other side's attorneys fees. It's a departure from current law that requires plaintiffs to fork over legal fees in more limited situations.

A second prong would give bio-tech companies with significant ties to Georgia immunity from a wide range of lawsuits if their product received approval from the federal Food and Drug Administration.

Perdue aides say it will entice new companies to move to Georgia while protecting them from a slew of claims. But trial lawyers worry that it would put too much pressure on the cash-strapped FDA.

"These lawsuits help regulate the industry," said Andrew Childers, an Atlanta attorney whose practice handles pharmaceutical lawsuits. "The FDA doesn't have the staff and the funds to do the regulating that's necessary if you didn't have the civil arena to keep these in check."

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