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Civil Procedure

Just Like Us: MDL Is Eating Weedkiller

The ingestion of an herbicide called glyphosate is currently unavoidable in America. It is the main ingredient of a consumer product called Roundup. People who regularly used Roundup have brought civil lawsuits against its manufacturer, Monsanto (now owned by Bayer), claiming Roundup caused their cancer diagnoses. Juries, particularly those in

CIVIL PRACTICE REFORM Civil Practice: Amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, Relating to the “Civil Practice Act,” so as to Change Provisions Relating to Civil Practice; Provide for the Appointment of Specia...

This Bill provided for a “loser pays” provision that the party losing on a motion to dismiss would be assessed the prevailing party’s attorney fees. The Bill also provides for a stay of discovery when a motion to dismiss is filed to ensure that the costly discovery process would

CIVIL PRACTICE Civil Actions; Arguments of Counsel: Provide the Plaintiff is Entitled to Opening and Concluding Arguments Except When Defendant Introduces No Evidence or Admits a Prima Facie Case; Provide that in Civil Actions for Personal Injuries, D...

The Act provides that in civil actions when the burden of proof rests on the plaintiff, the plaintiff shall be entitled to make the opening and concluding arguments. The Act entitles the defendant to make opening and concluding arguments if the defendant does not introduce any evidence or if the

CIVIL PRACTICE Civil Practice Act: Change Provisions Relating to the Time of Filing an Affidavit that Must Be Filed with the Complaint in Any Action for Damages Alleging Professional Malpractice; Provide for Dismissal of Complaints; Provide for the Cu...

The Act makes several changes to the provisions relating to the affidavit that must be filed by a plaintiff when suing for professional malpractice. The Act provides that the affidavit requirement also applies in such an action against a licensed healthcare facility alleged to be liable based upon malpractice by

CIVIL PRACTICE, COURTS Civil Practice Act: Prohibit a Civil Litigant from Interposing a Claim for an Improper Purpose Such as to Suppress a Person's Right of Free Speech or Right to Petition Government; Provide for a Motion to Strike or Dismiss That M...

The Act creates a motion to strike and a motion to dismiss for use by defendants whose right to free speech or right to petition government for a redress of grievances related to an issue of public interest or concern is challenged by the interposition of a civil suit. The

CIVIL PRACTICE, COURTS Habeas Corpus: Amend Procedures for First Time Challenges to State Court Death Sentence Proceedings; General Provisions: Require Establishment of Uniform Court Rules Concerning Time Periods and Schedules

The Act reforms habeas corpus procedure for death penalty cases. The Act imposes time limits for both the filing of a Request for Judicial Assistance with the Council of Superior Court Judges and for the assignment of such cases to a judge. Additionally, the Act limits discovery except upon a