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Penn Law News

2025
JAN

Kemp unveils comprehensive tort reform package

By: Timohty Wheatly, Axios Atlanta

Gov. Brian Kemp and Georgia Republicans and business leaders on Thursday unveiled a sweeping plan to overhaul personal injury and other civil lawsuits in the state.

Why it matters: Kemp has made tort reform his No. 1 priority for the 2025 legislative session, arguing that Georgia's rules governing evidence and big payouts to plaintiffs make the state less business friendly and saddle consumers with higher prices.

The other side: Trial lawyers, Democrats and other opponents argue that decades of data shows there's no link between tort reform and insurance rates.

  • There's no guarantee that consumers' costs would fall if tort reform passes, Darren Penn, an Atlanta trial lawyer, told Axios.
  • "I can't think of a better way to describe it other than a handout to insurance companies," he said.

Catch up quick: The legislative package is two years in the making and follows a listening tour Kemp held in 2024 with industry representatives across the state.

  • "We have done our homework," said Kemp, flanked by Lt. Gov. Burt Jones and House Speaker Jon Burns at the press conference at the state Capitol. "The legislation was crafted to be comprehensive but also reasonable."

Zoom in: Kemp wants to change the rules regarding the evidence juries can consider and to limit businesses' liability when crimes are committed on their property by a third party.

  • He also has proposed changing how damages are calculated in personal injury lawsuits and limiting third parties from bankrolling lawsuits, including "hostile foreign adversaries" like China and Russia.

State of play: Democrats have called the reform package corporate cronyism. House Minority Caucus chair Tanya Miller (D-Atlanta) told Capitol Beat that hurricanes and severe storms help drive up premiums.

Context: In 2026, Kemp enters his final year as governor, which also means his last opportunity to change state laws and budget spending — all while other Republicans stake their positions for that year's gubernatorial election.

  • He wants to close the book on tort reform this year — and repeated his threat to call a special session if the Legislature fails to do so.

 

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