by Jill Nolin, Georgia Recorder, [This article first appeared in the Georgia Recorder, republished with permission]
January 14, 2025

Republican Gov. Brian Kemp says he will soon unveil “a robust legislative package” calling for new limits on lawsuits in Georgia and signaled that he is gearing up for a fight. 

“Tort reform will be my top legislative priority for this upcoming session,” Kemp said at the Georgia Chamber of Commerce’s annual Eggs and Issues event Tuesday. “And I look forward to sharing more about those plans in the coming weeks. But I need your help. Every local or regional chamber in this room has a critical role to play this session to make sure we finally get tort reform done.

“I’m asking you to engage earlier and harder than you ever have,” he added.

The governor pointed to the results of a review done last year as part of a Kemp-backed data-collection effort designed to lay the groundwork for changes. A report, written and released in November by Kemp ally and elected Insurance Commissioner John King, blamed several factors for contributing to the rising cost of insurance across the board, including what the report called “inflated medical costs” and third-party litigation funding.

Representatives of the influential Georgia Chamber of Commerce have also highlighted four areas where they argue Georgia is an outlier in the region: premises protection, damages reform, limits on attorney fees and trial bifurcation, which refers to splitting a case into separate phases for trial.

Chris Clark, president and CEO of the chamber, said curbing premises liability is a top concern for the group’s members.

“It shouldn’t be legal for two bad guys to come on your property, hurt each other, and then you’re to blame and you get sued for it,” Clark told reporters. “I think we hear that consistently from the medical community as well as small businesses all over the state.”

Clark said Tuesday that the chamber will be “lockstep” with the governor’s plans.

“Our justice system should not be about jackpots. It should be about justice, and we just want what’s fair and balanced,” he said.

Clark conceded that any legislative changes pursued this year may not bring down prices but said they could help “stabilize the market” and boost competition.

But proponents of the yet-to-be-unveiled proposals will be up against Georgia’s civil trial attorneys – some of who serve in the Legislature – and others who are wary of changes that limit access to justice for aggrieved Georgians.

“It’s hard for me right now to put together how we are the best state in the country for 11 years to do business. So tort hadn’t exactly destroyed business in Georgia,” state Rep. Al Williams, a Midway Democrat, told reporters Tuesday. 

“We’re crying wolf, and I hadn’t seen the wolf yet,” he said. 

Williams said he is skeptical of how many so-called nuclear verdicts there really are and said he is concerned about the impact new lawsuit limits could have on plaintiffs’ rights.

“Who can determine what my arm is worth, what my life is worth, what my children are worth? I like a jury of my peers,” Williams said. “Let’s protect the plaintiffs’ rights too. Many of them don’t have a voice at the table. I will be there to help in any way I can to make sure that we maintain a good business environment, which we can do without sacrificing the rights of the victims.”