The Georgia Tort Reform Act of 2025

The John Marshall Law Journal presents it 2026 Annual CLE Symposium: “The Georgia Tort Reform Act of 2025– A Seismic Shift in the Tort Litigation Landscape, or an Inevitable Destination After 40 Years of Tort Reform Legislation in Georgia?” to be held at the Law School (Marquis One Tower, Downtown Atlanta). 

All attendees who attend the full session will receive 6 CLE hours, including 1.0 ethics hour*. Additionally, the John Marshall Law Journal is pleased to offer this CLE free of charge to AJMLS alumni and law students.

A special thank you to for sponsoring this event.

*Pending approval

Info: Professor Joanna Apolinsky, Associate Professor of Law at AJMLS, will open the symposium with a welcome and provide an overview of the Georgia Tort Reform Act, setting the stage for the day’s discussions on its legal and practical implications.

Info: Professor Alison Prout of John Marshall Law School faculty, who teaches Evidence, will be presenting on the Seatbelt rule, both in Georgia and nationally. Her topic centers upon the admissibility in tort actions involving vehicular accidents of the fact that the plaintiff was not wearing a seatbelt as required by law. The statute in question is O.C.G.A. § 40-8-76.1(d). The 2025 Amendment moves Georgia from the minority approach states to the majority approach -- but there are tweaks that are unique to Georgia.

Info: Associate Dean Pamela Wilkins, Mercer University Law School, who will present on the premises liability and third-party negligent security issues affected by the 2025 Tort Reform Amendments reflected in O.C.G.A. § § 51-3-51, 51-3-52, 51-3-55 - 51-3-57. Dean Wilkins is the author of Premises Liability and Third-Party Attacks: A Path Forward, 76 Mercer L. Rev. 85 (2024).

Info: Professor Jeffrey A. Van Detta, John E. Ryan Professor of International Business and Workplace Law and Professor of Law at AJMLS, will examine the broader jurisprudential impact of Georgia’s Tort Reform Act, focusing on how the legislation raises new questions under the Erie doctrine and the balance between federal and state judicial authority.

Info: Attorney Daley is a well-known expert and author of Phantom Damages and the Misapplication of the Collateral Source Rule in Georgia, 28 Ga. Bar J. No. 6, at 16 (June 2023), Daley will be discussing the elimination of "phantom damages" -- see O.C.G.A. 51-1-12.1.

Info: Professor Lee Adams will expound on the procedural provisions of the Tort Reform Act, specifically:

(1) Clarification Regarding Pain and Suffering Claims (Anchoring): O.C.G.A. § 9-10-184(b)
(2) Changes to the Timing For Answers and Stays of Discovery: Pursuant to O.C.G.A. § 9-11-12(a),
(3) Voluntary Dismissals: According to O.C.G.A. § 9-11-41 and others!

Info: Professor Tia Gibbs, Director of Academic Advisement and Bar Success at Georgia State University College of Law, will lead an ethics-focused session on the professional responsibilities attorneys face when using artificial intelligence and digital communication tools. The discussion will emphasize ethical obligations requirements in an evolving technological landscape.

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