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Tuesday, March 10, 2009

Senate approves softer tort reform bill

For the second time this session, the state Senate has refused to pass a tort reform bill backed by Governor Perdue. Instead of the ‘loser pays’ legislation the Governor wanted, the bill approved by the Senate, stops the clock during the discovery phase of a lawsuit. So that if a party files a motion to dismiss at the same time a response to a lawsuit is filed, the usual exchange of information will not take place for at least 120 days or until a court has ruled on the motion to dismiss. Earlier this session, the Senate rejected a measure backed by the Governor which would have given limited liability to Georgia based drug makers, if a product already has F-D-A approval.

 

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