"Georgia’s Tort Reform Revolution: A Practical Guide for Defense Litigators Post-SB 68 and SB 69"

Brannon Arnold, WWHGD executive committee member and partner, authored an article providing a practical guide for defense litigators following Georgia’s tort reform for the October 2025 issue of For The Defense, published by the Defense Research Institute.

“With nuclear verdicts mounting and Georgia repeatedly named a ‘Judicial Hellhole,’ lawmakers targeted excessive damages, relaxed liability standards and brought procedural predictability to an often-chaotic landscape,” Arnold said. “For Georgia defense litigators, these reforms are not just legislative talking points – they are tools.”

Among these tools Arnold detailed are the new procedural weapons of motions to dismiss and discovery stays, the right to bifurcation in personal injury and wrongful death trials, a narrowed time frame for voluntary dismissal without prejudice. She also noted changes that reshape how defense attorneys must now consider affirmative defense pleadings as it relates to actual knowledge in negligent security cases, plaintiff classification, apportionment to criminal actors, seatbelt non-use and paid vs. billed medical damages.

“SB 68 and SB 69 are more than symbolic victories – they reset the rules of engagement,” Arnold said. “Defense attorneys should immediately integrate these reforms into their daily practice. Update templates to reflect the new defenses and damages limits. Educate claims professionals on the impact of bifurcation, apportionment and anchoring. Train trial teams to prepare for bifurcated proceedings. File motions in limine early to block anchoring. And routinely seek discovery of LOPs, receivable sales, and referral relationships – now accessible under 69.”

“Georgia’s tort reform isn’t the end of the story – it’s the opening chapter of a new litigation strategy for those ready to use it.”

The full article in the digital edition of For The Defense is available here.