The American Tort Reform Foundation announced today that Georgia moved off of the Judicial Hellholes® list after Gov. Brian Kemp (R) and state lawmakers passed sweeping legal reforms this year, but some local courts are keeping the state on its “Watch List.”
The shift marks the end of an era for the former No. 1 Judicial Hellhole®, but advocates say the onus is now on judges to ensure reforms take hold.
“Gov. Kemp issued a strong call for legal reform this year and legislative leaders like state Sen. John F. Kennedy made Georgia a ‘Tort Reform Trailblazer’ this year,” said Tiger Joyce, president of the American Tort Reform Association. “But in some Atlanta-area courtrooms, excessive verdicts and questionable rulings threaten to undermine that progress. The ball is now in the courts’ hands.”
Nuclear Verdicts and Legal Uncertainty
Cobb, Fulton, and Gwinnett counties earned a place on this year’s “Watch List” after several nuclear verdicts® rocked the state’s civil justice system. A Cobb County jury hit Bayer with a record-breaking $2.1 billion verdict earlier this year in one of the largest verdicts in a Roundup-related case to date.
In Gwinnett County, juries handed down multimillion-dollar awards in cases against healthcare providers while the Georgia Court of Appeals upheld a $75 million verdict out of Fulton County that is believed to be the largest emergency room malpractice verdict in Georgia history. The Georgia Supreme Court denied to review that case in June, but is reviewing a $32.5 million wrongful death verdict, also out of Fulton County, that could redefine municipal liability statewide. The high court heard oral arguments in October and a decision is expected in Spring 2026.
Reforms Begin to Address Abuses
Georgia lawmakers passed S.B. 68 and S.B. 69 this year, two comprehensive bills that close loopholes and restore fairness. Sponsored by state Sen. Kennedy, the new laws curb “phantom” damage awards, allow juries to hear evidence about seat belt use in auto cases, and require registration and disclosure for third-party litigation funders who bankroll lawsuits for profit.
“Georgia’s reforms are strong, but they must be enforced consistently across all counties,” Joyce said. “When juries hear inflated damage requests or when courts exclude key evidence, every Georgia resident pays the price.”
The High Cost of Lawsuit Abuse
According to economic data, excessive litigation costs Georgia residents $1,415 each year — a “tort tax” of $5,660 for a family of four. Nearly 135,000 jobs are lost annually due to abusive lawsuits, hindering business growth and raising consumer prices.
The burden is felt most acutely in metro Atlanta, where the tort tax hits $2,180 per person. Augusta and Savannah families also pay thousands each year in hidden legal costs that suppress local economic activity.
“This is about more than rankings — it’s about people,” Joyce said. “Every dollar wasted fighting needless litigation is a dollar not spent on creating jobs, expanding hospitals, or cutting costs for families.”
Looking Ahead
With Georgia no longer a top Judicial Hellhole®, all eyes are on its trial courts to ensure these reforms deliver real results. Advocates will monitor rulings in Cobb, Fulton, Gwinnett and other key counties throughout 2026 to gauge whether judges and juries properly and fairly apply new laws.
Georgia is one of six jurisdictions included on the 2025-2026 Judicial Hellholes® “Watch List.” The full report, including the latest Judicial Hellholes® rankings, is available at JudicialHellholes.org.
