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Kemp-backed lawsuit overhaul seeks to limit large verdicts, but without explicit damages caps • Georgia Recorder

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georgiarecorder.com – Maya Homan – 2025-01-31 00:00:00

Kemp-backed lawsuit overhaul seeks to limit large verdicts, but without explicit damages caps

by Maya Homan, Georgia Recorder
January 31, 2025

After weeks of suspense, Georgia Gov. Brian Kemp’s proposal to overhaul Georgia’s legal landscape is finally here.

At a jam-packed press conference Thursday, Kemp gathered state lawmakers and business leaders at Georgia’s state Capitol to introduce policies he says are aimed at reducing insurance prices for businesses and everyday consumers alike.

“If your neighborhood doesn’t have a grocery store, if your hometown and surrounding counties don’t have an OB/GYN, if the local family-owned restaurant is forced to raise prices again and again or go out of business altogether, if the child care facility your son or daughter attends has to close its doors, if your car insurance premium goes up just like it did last year, those are real jobs potentially gone forever,” Kemp said. “Those are real costs that every single Georgian has to pay.”

Proponents of overhauling Georgia’s legal landscape, sometimes referred to as “tort reform,” say large jury awards are driving up insurance costs across the state. They often cite a 2024 American Tort Reform Foundation ranking that listed Georgia as one of the top five “judicial hellholes” in the country. A recent report from Insurance Commissioner John King echoed those findings, arguing that an increase in claims and large jury verdicts was resulting in higher insurance rates for Georgia businesses.

Kemp has touted the issue as his key priority for the 2025 legislative session, threatening to reconvene the state legislature for a special session if his proposed overhauls do not pass by the end of the session in early April. However, until now he had not released any specific policy proposals, garnering criticism from Democrats.

Gov. Brian Kemp unveiled his lawsuit overhaul plan Thursday at a packed press conference at the state Capitol. Maya Homan/Georgia Recorder

At Thursday’s press conference, Kemp outlined a nine-pronged approach aimed at limiting lawsuit awards, divided into two pieces of legislation. Senate Bill 68, sponsored by Senate President Pro Tem John F. Kennedy, a Macon Republican, would tackle the majority of Kemp’s plans, including measures that would limit owners’ liability for injuries that occur on their property, prevent plaintiffs’ lawyers from suggesting a monetary value to compensate for pain and suffering, and enable trials to be bifurcated, or split into multiple stages so that juries can determine liability and damages separately.

Senate Bill 69, also authored by Kennedy, would increase regulations on third-party sources of funding for lawsuits, requiring any third-party entities to be registered with the Department of Banking and Finance and limiting their ability to exert influence over the plaintiffs’ legal decisions, such as when and how plaintiffs settle a case. It also prevents foreign governments and adversaries from becoming litigation financiers.

The two bills notably exclude any explicit caps on the damages that can be awarded to plaintiffs who file lawsuits. A previous legislative attempt to limit jury payouts passed in 2005 but was struck down by the Georgia Supreme Court five years later.

However, the legislation is still likely to face pushback from both Democrats and trial lawyers, who argue that factors other than jury awards may be driving rising insurance premiums.

“There are very real issues that Georgians face when it comes to insurance,” said Rep. Tanya Miller, an Atlanta Democrat. “We hear about them all the time: Denied claims, canceled policies, rising premiums. We can and should do something about these issues.

“The truth is, we’re just being asked to take the insurance industry’s word for it that so-called ‘frivolous lawsuits’ drive up rates. There is no transparency in how they set their rates, and they are not required to provide proof that restricting laws will lower premiums,” she added.

Proponents of the proposed changes, including the Georgia Chamber of Commerce and other industry groups, argue they will create more balance between plaintiffs and defendants in Georgia’s court system, establishing an environment that would entice more insurance companies to provide coverage throughout the state. Kyle Wingfield, the president and CEO of the conservative-leaning Georgia Public Policy Foundation, echoed those sentiments.

“It genuinely seems that they’re not trying to just clamp down on lawsuits generally,” Wingfield said. “They’re trying to address some very specific problems with civil cases and I think bring it back into balance.”

But members of the Georgia Trial Lawyers Association (GTLA) were skeptical of the policy proposals, with former state Rep. Matthew Wilson, an Atlanta-based personal injury lawyer and member of the GTLA’s executive committee calling efforts to limit damages awarded for medical bills “clear non-starters.”

“The bottom line is that it shifts the costs of the wrongdoing from the bad actors who did the wrongdoing to the victims — the innocent parties — who just so happen to have insurance,” he said. 

Wilson also argued that Kemp’s office had not taken trial lawyers’ views into account during its data collection process.

“That trial lawyers and the plaintiffs’ bar, who represent Georgia consumers, were the one stakeholder in this issue that were shut out from that process,” Wilson said. “But that notwithstanding, we have been working with the governor’s team to provide data to show why this effort is misguided and why we need to be focused on the insurance companies, because they are the ones that are raising the premiums.”

Advocates on both sides of the issue say they will need time to digest the bills before taking any firm stances. But efforts to limit third-party lawsuit financing, in particular, may be an area in which disparate groups can find some common ground. Third-party entities seeking to profit off of personal injury settlements have come under scrutiny nationwide, with states like Indiana, Louisiana and West Virginia all opting to pass new transparency regulations.

For desperate plaintiffs, financing offers from third-party entities can be enticing, Atlanta-based attorney and political analyst Madeline Summerville said.

“These third-party lenders come along and say, ‘hey, we’ll give you the money that you need for now,’ but then they end up doubling it by the end, and so it’s very predatory in a lot of ways,” Summerville said. “I think you would get bipartisan support on those kinds of measures for sure.”

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Georgia Recorder is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Georgia Recorder maintains editorial independence. Contact Editor John McCosh for questions: info@georgiarecorder.com.

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Warnock denies wrongdoing in accepting residence in ‘$989,000 luxury home’ | Georgia

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Warnock denies wrongdoing in accepting residence in '$989,000 luxury home' | Georgia

www.thecentersquare.com – By Alan Wooten | The Center Square – (The Center Square – ) 2025-04-23 13:33:00

(The Center Square) – U.S. Sen. Raphael Warnock says ethics questions about his housing and financial disclosures already have been answered.

A conservative nonprofit in Washington is asking the U.S. Senate Select Committee on Ethics for an investigation. The Foundation for Accountability and Civic Trust says information on his housing provided by Atlanta’s Ebenezer Baptist Church, where he’s been senior pastor since 2005, hasn’t been disclosed and his outside earned income is in question.

In an email to The Center Square, a statement from Warnock’s office says, “Reverend Warnock sought and received explicit approval from the bipartisan Senate Ethics Committee on this matter. The ministry-owned housing is not income. Rather, it is a customary benefit provided to the senator because of his ongoing position as senior pastor of Ebenezer Baptist Church, a position he has held for the past 20 years.”

The nonprofit said before moving into a $989,000 luxury home in Georgia provided by the church, he was receiving $7,400 in monthly housing allowance. It also said he sold his previous home to buy one in the Washington area.

Kendra Arnold, executive director of the Foundation for Accountability and Civic Trust, said she is hoping the committee will act promptly on the request.

“There are tax laws and ethics rules which allow for a senator to accept reasonable lodging or housing, but they are only applicable in a narrow set of circumstances – they are not an open-ended loophole that can be abused,” Arnold said in a statement. “Among other factors, it’s critical that the value of the housing provided be commensurate to the work done – and then the value be disclosed. It’s difficult to fathom any citizen could look at this situation (a U.S. Senator that is a part-time employee of an organization, which pays him a salary and then happens to buy him a million-dollar house to live in for free after he was elected to Congress) and not think something potentially wrong is afoot.”

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Organization files ethics complaint against Warnock | Georgia

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Organization files ethics complaint against Warnock | Georgia

www.thecentersquare.com – By Kim Jarrett | The Center Square – (The Center Square – ) 2025-04-22 12:06:00

(The Center Square) – An ethics organization is accusing Georgia Democratic Sen. Raphael Warnock of accepting housing from his church and not including it on financial disclosures.

The Foundation for Accountability and Civic Trust is asking the U.S. Senate Select Committee on Ethics for an investigation, according to a letter on the organization’s website.

The complaint says Warnock moved into a $989,000 luxury home in Georgia provided to him by Atlanta’s Ebenezer Baptist Church, where the senator is pastor. Before Warnock moved into the residence, he was receiving a $7,400 monthly housing allowance from the church.

“Since moving into the luxury home, Sen. Warnock has not included any information about being provided housing on his financial disclosures,” the complaint said. “In addition to the undisclosed housing, he has reported receiving an annual income from the church just under the maximum outside earned income limit, for instance $31,815.12 in 2023.”

Warnock sold his former Georgia residence and purchased a home in Washington, the organization said.

Kendra Arnold, executive director of the Foundation for Accountability and Civic Trust, said she is hoping the committee will act promptly on the request.

“There are tax laws and ethics rules which allow for a senator to accept reasonable lodging or housing, but they are only applicable in a narrow set of circumstances – they are not an open-ended loophole that can be abused,” Arnold said in a statement. “Among other factors, it’s critical that the value of the housing provided be commensurate to the work done – and then the value be disclosed. It’s difficult to fathom any citizen could look at this situation (a U.S. Senator that is a part-time employee of an organization, which pays him a salary and then happens to buy him a million-dollar house to live in for free after he was elected to Congress) and not think something potentially wrong is afoot.”

The Center Square was unsuccessful getting comment from Warnock through his office prior to publication.

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Jockeying for races for Georgia governor, US Senate races heats up

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georgiarecorder.com – Ross Williams – 2025-04-22 00:00:00

by Ross Williams, Georgia Recorder
April 22, 2025

The 2026 race for Georgia governor is shaping up with candidates from both parties now entering the race.

Gov. Brian Kemp cannot run for a third term, leaving the keys to the governor’s mansion up for grabs.

Meet the declared candidates

Sen. Jason Esteves. Ross Williams/Georgia Recorder

Democratic Atlanta Sen. Jason Esteves announced his candidacy Monday with an introduction video highlighting his experience, including as a former teacher and chair of the Atlanta Public Schools Board of Education. In the video, titled “Underdog,” Esteves took aim at what he characterized as radical Republicans in the state government following the lead of President Donald Trump.

“I’ve had enough of families working harder than ever but still struggling and our kids falling behind instead of getting ahead,” Esteves said in his announcement video. “Yet extreme politicians in Georgia push Trump’s reckless agenda, rig the system for special interests and stick us with the bill.”

As Esteves read these lines, the screen flashed with images of Trump, Kemp, Lt. Gov. Burt Jones and Esteves’ only announced Republican rival, Attorney General Chris Carr, who became the first to throw his hat in the ring in November.

Attorney General Chris Carr speaks at the 2025 Georgia Faith and Freedom Luncheon in Atlanta. Ross Williams/Georgia Recorder

Carr’s campaign has highlighted his experience in law enforcement, especially operations targeting immigrants, gang members and human traffickers.

“For decades, we’ve been the best place to live, work, raise a family and build a business,” Carr said in his introductory video, titled “Keep Georgia Strong.” “That hasn’t happened by chance. It’s happened because we’ve had leaders who are willing to make tough decisions, put Georgians first and stood strong in the face of adversity. Progressive activists are trying to radically transform our values and our economy. As your attorney general, I’ve made it my mission to keep Georgia safe.”

Carr has been a vocal supporter of Trump’s second-term agenda, but their relationship hasn’t always been chummy. In 2022, Trump called Carr “a disaster every step of the way” and backed an unsuccessful primary challenge against him after Carr declined to investigate Trump’s baseless allegations of widespread voter fraud in Georgia’s 2020 election.

Meet the maybe candidates

Lt. Gov. Jones, a Republican who is widely considered likely to enter the governor’s race, is considered a more steadfast Trump ally – Jones was one of Georgia’s so-called fake electors, who met at the state Capitol in 2020 to cast votes for Trump even after his loss to Joe Biden was officially certified.

President Donald Trump and Lt. Gov. Burt Jones at a rally in Zebulon in 2024. Ross Williams/Georgia Recorder

Jones’ closeness to the president could benefit him in a Republican primary, but it’s less clear whether his tightness with Trump will help or hurt in a general race. How Trump shapes the race will likely depend on how Georgians’ view the chief executive during the buildup to next year’s election season.

“If the economy goes bad, if inflation is up, if unemployment is up, then some of the luster may be taken off of Trump,” said University of Georgia political science professor Charles Bullock. “Now, for the MAGA folks, it probably doesn’t matter, but for the critical element of independents and, in the general election, of white, college-educated voters, if Trump’s attractiveness has been substantially reduced, then that certainly works for the advantage of Democrats.”

Republican Secretary of State Brad Raffensperger, another rumored but unconfirmed candidate, could also make a reasonable play as someone Trump-skeptical conservatives and independents could back.

Raffensperger was on the other end of the now-infamous 2021 phone call in which Trump called on him to “find” enough votes to overturn Georgia’s 2020 election. Raffensperger declined, earning the ire of Trump and many of his supporters.

Firebrand conservative Congresswoman Marjorie Taylor Greene is another member of the maybe column – she told the Atlanta Journal-Constitution’s “Politically Georgia” podcast back in February that she was open to either a run for the governorship or for Democratic U.S. Sen. Jon Ossoff’s seat, which is also on the ballot in 2026.

Congresswoman Marjorie Taylor Greene. Ross Williams/Georgia Recorder

On the Democratic side, one much-speculated candidate seems less likely to have her eyes on Kemp’s job than she did last year.

Democratic Congresswoman Lucy McBath hasn’t ruled out a run entirely, but she announced late last month that she was suspending her bid as she focuses on the health of her husband, who recently underwent surgery for cancer.

Former Atlanta Mayor Keisha Lance Bottoms, who recently served as an advisor to former President Joe Biden, told 11Alive News early this month that she plans to run for governor.

Former DeKalb County CEO Michael Thurmond has not ruled out a run – and neither has former state House Minority Leader Stacey Abrams, who became a household name after narrowly losing to Kemp in 2018 and again by a wider margin in 2022.

A crowded Democratic primary could be just the thing to dash the Dems’ dreams, Bullock said, if the intra-party attacks get too intense.

“If they get into it, then a lot of money will be spent within the primary, and sooner or later, even though they may start out simply singing their own praises, there would be a tendency to go negative, especially if at least three serious candidates get into it so you have a run-off. That’s when attacks really become strong.”

The elephant in the room

Gov. Brian Kemp. Ross Williams/Georgia Recorder

Kemp is reportedly considering a run at Ossoff’s seat.

Many Republicans would be thrilled to see Kemp’s name on the ballot next to Ossoff’s – Kemp enjoys relatively high approval ratings and has shown he can win statewide races in campaigns for governor and secretary of state.

But Kemp – whose name has also been floated as a potential presidential candidate in the future – may see moving to the Senate as a downgrade, Bullock said.

As governor, Kemp has sway over all aspects of state government, but he would be one of 100 in the Senate, and as a newly elected senator, he’d be too low on the seniority rankings to chair any important committees.

“He’s going to be far less visible in that role, the scope of his influence is going to be tiny compared to what he has now,” Bullock said. “He’s not going to be living in a mansion. He’s going to be living probably in an apartment, maybe in the Watergate building. He’s not going to have an SUV and a state patrolman to drive him around.”

Sen. Jon Ossoff. Ross Williams/Georgia Recorder

Once Kemp makes a decision, expect plenty of dominoes to fall afterwards.

Georgia Fire and Insurance Commissioner John King has said he would consider a run for Senate if Kemp does not. Agriculture Commissioner Tyler Harper has also publicly teased the idea of running.

“Conceivably, virtually the entire hierarchy of statewide Republican officials could give up their current positions, which would be then just wildness in terms of primaries, probably on both sides, of candidates running for each of those statewide offices,” Bullock said. “You may well clear out a large share of the state Senate and some of the state House. It may be if you show up January of 2027 at the Capitol, you may not recognize anybody because they’ve all run for something, cleared out the state Legislature. So this could be an extraordinary election cycle in Georgia.”

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Georgia Recorder is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Georgia Recorder maintains editorial independence. Contact Editor John McCosh for questions: info@georgiarecorder.com.

The post Jockeying for races for Georgia governor, US Senate races heats up appeared first on georgiarecorder.com



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Assessment: Center-Left

The content primarily focuses on the upcoming gubernatorial race in Georgia, presenting information about various candidates from both major political parties. It features a Democratic candidate, Sen. Jason Esteves, who is characterized as progressive, particularly in his criticism of Republican leaders and their alignment with Trump’s agenda. This framing suggests a critical stance towards the conservative party and its policies. Additionally, the article highlights the controversy surrounding Republican candidates and their affiliations with Trump, which may imply a negative viewpoint of these figures.

While the piece includes perspectives from both Democrats and Republicans, the emphasis on the Democrats’ campaign strategies and criticisms of Republicans gives it a Center-Left political bias. Overall, the content leans toward a more critical view of conservative politics while presenting Democratic candidates in a favorable light.

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