Georgia First in Nation to Tackle Implied Rights to Sue
KENNESAW (June 2, 2010) – Georgia Gov. Sonny Perdue today signed into law Senate Majority Whip John Wiles’ (R-Kennesaw) Transparency in Lawsuits Protection Act (SB 138). The focus of SB 138 is clarifying the law regarding plaintiffs’ right to bring a lawsuit for violation of state law while saving valuable court resources.
“This is a significant step in providing clearer guidance to Georgia lawyers and constituents regarding their right for pursuing private action. I applaud the legislature and thank Gov. Perdue for making the Transparency in Lawsuits Protection Act become Georgia law,” said Sen. Wiles. “The possibility of misinterpretation of the law regarding plaintiffs’ rights will now be significantly diminished. The law also further protects Georgians while relieving burdens on the court system.”
Prior to the Act, interpretation of a citizen’s private right to sue for violation of state law was left up to the courts. SB 138 creates a new Code Section 9-2-8 to make it clear that a private right of action only exists when the legislature expressly provides for it in the statute.
By including this change in Georgia law, the Legislature will provide clearer guidelines for plaintiffs, reduce costs for defendants and may prevent some needless law suits which clog the courts. The Transparency in Lawsuits Protection Act was drafted based on the American Legislative Exchange Council’s (ALEC) model legislation. Sen. Wiles currently serves as the ALEC Georgia State Co-Chairman.
Victor Schwartz, a renowned tort law scholar and Private Sector Co-Chair of ALEC’s Civil Justice Task Force, offered praise for all involved, saying that, “Bill sponsor Sen. Wiles, House advocate Rep. Ehrhart and Gov. Perdue are to be congratulated for making Georgia the first state to require its legislators, if they intend to create a new way to sue, to say so plainly and directly. Other states should follow suit in ending implied causes of action, or as I like to call them, hidden trial lawyer earmarks.”
Sen. John Wiles serves as Majority Whip and Chairman of the Special Judiciary Committee. He represents the 37th Senate District which includes a portion of Cobb County. He may be reached by phone at 404.657.0406 or by e-mail at john.wiles@senate.ga.gov.
The American Legislative Exchange Council (ALEC) is the nation’s largest nonpartisan, individual membership organization of state legislators.
PRESS RELEASE
For Immediate Release:
June 2, 2010
For Information Contact:
Raegan Weber, Director
raegan.weber@senate.ga.gov
404.656.0028