{"id":547,"date":"2025-03-14T17:34:26","date_gmt":"2025-03-14T21:34:26","guid":{"rendered":"https:\/\/www.pennlawgroup.com\/blog\/?p=547"},"modified":"2025-03-14T17:34:27","modified_gmt":"2025-03-14T21:34:27","slug":"even-defense-lawyers-are-sounding-the-alarm-on-sb-68","status":"publish","type":"post","link":"https:\/\/www.pennlawgroup.com\/blog\/even-defense-lawyers-are-sounding-the-alarm-on-sb-68\/","title":{"rendered":"Even Defense Lawyers Are Sounding the Alarm on SB 68"},"content":{"rendered":"\n
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At Penn Law, we are committed to standing up for Georgia citizens whenever their rights are under threat. Right now, legislation aimed at overhauling our civil justice system\u2014SB 68\u2014is moving through the Georgia legislature. While proponents claim this bill is about fairness and reform, legal professionals on both sides<\/strong> of the courtroom are speaking out against it.<\/p>\n\n\n\n

One of Georgia\u2019s most respected defense attorneys, Bill Casey, recently shared his opposition to key portions of SB 68<\/a> in a letter to the House Rules Committee. Bill Casey is no stranger to the defense side of litigation. As a partner at one of Georgia\u2019s largest defense firms and current President of the Georgia Defense Lawyers Association (GDLA), he has defended hundreds of cases in state and federal courts over his 42-year career. His concerns about SB 68 should give everyone\u2014defense and plaintiff\u2019s counsel alike\u2014reason to pause.<\/p>\n\n\n\n

Why Even Defense Attorneys Are Opposed to SB 68<\/strong><\/h3>\n\n\n\n

In his letter, Casey highlights several deep flaws<\/strong> in the proposed legislation that will negatively impact Georgia\u2019s civil justice system, including:<\/p>\n\n\n\n

Delaying the Process and Clogging the Courts<\/strong>
SB 68 includes provisions that allow for delays in filing legal answers by requiring unnecessary motions. Casey points out that this tactic will slow down the litigation process<\/strong>, burden judges with unnecessary motions, and clog already overwhelmed court dockets<\/strong>.<\/p>\n\n\n\n

Unfair Changes to the Collateral Source Rule<\/strong>
The proposed changes punish responsible citizens<\/strong> who pay for health insurance by allowing evidence of collateral sources in court\u2014while allowing others to \u201cblackboard\u201d full medical expenses. Casey warns this creates an uneven playing field<\/strong> that penalizes those who play by the rules.<\/p>\n\n\n\n

Unrealistic Requirements for Future Medical Expenses<\/strong>
Under SB 68, plaintiffs would have to prove what an insurer might<\/em> pay for future medical care\u2014something Casey calls impossible to predict<\/strong>. Coverage can change, and injured individuals may be left with bills they can\u2019t pay. This provision threatens the future well-being<\/strong> of injured Georgians.<\/p>\n\n\n\n

Mandatory Bifurcation Will Overcomplicate Trials<\/strong>
Casey also opposes mandatory bifurcation<\/strong> of liability and damages in most cases. He believes this will prolong trials<\/strong>, inconvenience witnesses and jurors, and increase court costs. Trial courts should have discretion, not blanket mandates.<\/p>\n\n\n\n

Restricting Arguments on Non-Economic Damages Limits Justice<\/strong>
SB 68 seeks to restrict arguments over non-economic damages, undermining both sides\u2019 ability to advocate and limiting the jury\u2019s role<\/strong> in assessing fairness. Casey believes jurors are capable of making informed decisions when given full information.<\/p>\n\n\n\n

What Happens Next?<\/strong><\/h3>\n\n\n\n

SB 68 remains under serious consideration. The concerns raised by Bill Casey should serve as a wake-up call<\/strong>: this isn\u2019t about protecting consumers\u2014it\u2019s about tilting the scales in favor of big corporations and insurance companies<\/strong>.<\/p>\n\n\n\n

We believe Georgians deserve better. We oppose efforts like SB 68 that limit access to justice and undermine constitutional rights.<\/p>\n\n\n\n

Take Action Today<\/strong><\/h3>\n\n\n\n

The fight isn\u2019t over. Contact your legislators now<\/a><\/strong> and tell them to vote NO on SB 68. Your voice matters in protecting the civil justice system for all Georgians.<\/p>\n\n\n","protected":false},"excerpt":{"rendered":"

At Penn Law, we are committed to standing up for Georgia citizens whenever their rights are under threat. Right now, legislation aimed at overhauling our civil justice system\u2014SB 68\u2014is moving through the Georgia legislature. While proponents claim this bill is about fairness and reform, legal professionals on both sides of the courtroom are speaking out …<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[71,62,68,43,17,69,16,70],"class_list":["post-547","post","type-post","status-publish","format-standard","hentry","category-politics","tag-endtortreform","tag-georgia","tag-georgia-house-of-representatives","tag-georgia-legislature","tag-insurance","tag-stoptortreform","tag-tort-reform","tag-voteno"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/posts\/547","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/comments?post=547"}],"version-history":[{"count":5,"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/posts\/547\/revisions"}],"predecessor-version":[{"id":555,"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/posts\/547\/revisions\/555"}],"wp:attachment":[{"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/media?parent=547"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/categories?post=547"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.pennlawgroup.com\/blog\/wp-json\/wp\/v2\/tags?post=547"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}