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Georgia Enacts Sweeping Tort Reform in 2025: Key Changes and What They Mean for Litigants

5/15/2025

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​In April 2025, Governor Brian Kemp signed into law Senate Bills 68 and 69—two landmark pieces of tort reform legislation—marking the most significant changes to Georgia’s civil justice system in nearly two decades. These reforms aim to streamline litigation, reduce excessive verdicts, and improve fairness in Georgia's courts. At Rountree Leitman Klein & Geer, LLC, we are monitoring these changes closely to advise clients on how the new rules may affect pending and future litigation.

Senate Bill 68 introduces sweeping changes to Georgia's civil procedure rules. Below are three core procedural reforms now in effect:
  • Automatic Discovery Stay with Motions to Dismiss: A motion to dismiss now triggers an automatic stay of discovery until the Court rules on the motion to dismiss. The Court is required to decide the motion to dismiss within 90 days. If the Court has not ruled on the motion to dismiss within 90 days, the Court may terminate or modify the discovery stay.
  • Stricter Rules on Voluntary Dismissals: The new rules tighten plaintiffs' ability to voluntarily dismiss cases.
    • Plaintiffs can dismiss without court approval only within 60 days after an answer is filed or a motion for summary judgment is filed, whichever occurs first, unless all parties consent.
    • A second dismissal (voluntary or by order) is considered with prejudice, effectively barring refiling.
    • This change targets “forum shopping” and repeated filings intended to gain procedural advantage.
  • Limits on Attorney Fee Awards: Parties are now limited to one award of attorneys’ fees, costs, and litigation expenses, unless a statute clearly allows multiple recoveries. Contingency fee agreements are also no longer admissible to prove reasonableness of fees—standardizing the way fees are assessed by courts and juries.
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Beyond civil procedure, SB 68 and SB 69 bring changes in several areas:
  • Negligent Security Claims: Property owners are liable only where prior criminal activity occurred on or within 500 yards of their property, and they had specific knowledge of it.
  • Bifurcation of Trials: Defendants may now request separate phases for fault and damages—helping mitigate the influence of sympathy in jury decisions.
  • Anchoring Restrictions: Plaintiffs’ attorneys can no longer suggest specific dollar figures for noneconomic damages (e.g., pain and suffering).
  • Medical Damages: Only amounts actually paid for medical care may be presented to juries—not inflated billed charges.
  • Seat Belt Evidence: Failure to use a seatbelt is now admissible as evidence, which may affect damages or fault in auto cases.
  • Third-Party Litigation Financing Disclosure (SB 69): Beginning January 1, 2026, plaintiffs must disclose outside funding sources, ensuring transparency regarding financial interests in litigation.

​As Georgia courts begin implementing these new rules, litigants should expect some early uncertainty and possible appellate clarification. At Rountree Leitman Klein & Geer, LLC, we are prepared to navigate these changes and adjust litigation strategies accordingly.

If you have questions about how the 2025 tort reforms may affect your business, case, or legal strategy, contact our team for a consultation.
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David S. Klein Speaks on "Forms of Title Litigation" at State Bar of Georgia Seminar

2/27/2025

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David S. Klein
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On February 25, 2025, David S. Klein, a partner at Rountree Leitman Klein & Geer, LLC in Atlanta, Georgia, delivered an insightful presentation at the State Bar of Georgia Real Property Law Section's Title Standards Seminar. Klein, a seasoned attorney with extensive experience in real property law, spoke on the topic of "Forms of Title Litigation." His presentation was a Continuing Legal Education (CLE) event designed for attorneys who are members of the State Bar of Georgia.

During his informative session, Klein provided an in-depth exploration of various forms of title litigation, a subject of critical importance to legal practitioners specializing in real property law. The presentation delved into several key areas, including quiet title actions, declaratory judgments, reformation actions, and fraudulent transfer actions. Each of these topics was examined with the goal of enhancing the understanding and proficiency of attorneys handling complex title disputes.

Klein explained the nuances of quiet title actions, emphasizing their importance in resolving disputes over the ownership of property and clearing potential defects in a title. He also detailed declaratory judgments, which serve as a judicial determination of the parties' rights under a contract or statute, often utilized in title disputes to clarify property ownership.

Additionally, Klein highlighted reformation actions, which involve the correction or modification of a written instrument to reflect the true intentions of the parties involved. He concluded with a discussion on fraudulent transfer actions, which are initiated to prevent the transfer of assets to evade creditors, a pertinent issue in title litigation.

Rountree Leitman Klein & Geer, LLC is proud to have David S. Klein represent the firm and contribute to the professional development of his peers at such a prestigious event. His expertise and commitment to legal excellence continue to make a significant impact in the field of real property law.

About Rountree Leitman Klein & Geer, LLC

Rountree Leitman Klein & Geer, LLC is a reputable law firm based in Atlanta, Georgia, offering a wide range of legal services to clients throughout the state. With a team of experienced attorneys, the firm is dedicated to providing exceptional representation and achieving successful outcomes for its clients in various areas of law, including real property, bankruptcy, and commercial litigation.

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Rountree Leitman Klein & Geer, LLC Attorneys Receive Super Lawyers' Honors for 2025

2/14/2025

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Rountree Leitman Klein & Geer, LLC is thrilled to announce that its esteemed partners, William A. Rountree, Hal J. Leitman, Will B. Geer, and Michael J. Bargar have been recognized as 2025 Georgia Super Lawyers. This prestigious honor is a testament to the firm’s unwavering commitment to excellence and leadership in the legal profession.

Super Lawyers is a prestigious rating service that recognizes outstanding lawyers from over 70 practice areas. The selection process involves independent research, peer nominations, and peer evaluations, ensuring that only the top 5% of attorneys in each state are recognized. This recognition is a significant achievement, as only the best lawyers in the country are selected.

Founded in 2018, Rountree Leitman Klein & Geer, LLC has quickly established itself as a leading boutique law firm in the Atlanta area. The firm offers comprehensive legal services in various areas, including corporate and individual bankruptcy, commercial litigation, real estate litigation, and debtor-creditor matters. The firm’s attorneys are renowned for their expertise, experience, and innovative approaches to delivering exceptional results for their clients.

The firm’s team comprises some of the most respected legal professionals in Georgia, with a proven track record of success in these areas of law. Rountree Leitman Klein & Geer, LLC’s commitment to professional excellence and client satisfaction has earned it a reputation for excellence and trust within the legal community and among clients.
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How Can I Get Rid of a FIFA (Writ of Fieri Facias) in Bankruptcy?

8/1/2024

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Will B. Geer
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No, I'm not talking about the international soccer club or that guy on Food Network with the annoyingly frosted tips. 

A Writ of Fire Facias is simply the document issued by the county clerk's office to record a lien on all your property within that county. This includes both real (like your house) and personal (like your car) property. It is essentially a fancy legal term for a judgment lien. If you have a judgment lien out there, I can find it and strip it off all your property with either a Chapter 7 or Chapter 13 bankruptcy.

You can only have a FIFA recorded against you if you have been sued. First, the sheriff or some private process server will come to your door and hand you a large envelope with a stack of papers in them called the summons and complaint. The summons gives you instructions on when you need to file a formal legal answer to the complaint against you. The receipt of these papers is called "getting served." If you do not file a proper answer, the creditor suing you can ask the court to enter a Default Judgment against you. If this happens, shortly thereafter, a Writ of Fieri Facias can be filed for the requested amount that the creditor is trying to recover from you. This amount will continue to accrue interest at the statutory rate for as long as it remains unpaid, which will make it very difficult to ever pay off in the future.

Fortunately, in either a Chapter 7 or Chapter 13, I can avoid the judgment lien (FIFA) on any household goods that are exempt under applicable state law. Most people's property will be fully exempt, or protected, in a Chapter 13 or Chapter 7 bankruptcy. Also, if you own real property that already has a mortgage on it, that mortgage will likely be worth more than the value of the property. For instance, if your house is worth $150,000, and you owe the bank $140,000, you $10,000 of equity. If Midland Funding or some other debt buyer sues you, you choose not to defend it, and they pop you with a $20,000 writ of fieri facias, they can potentially do a sheriff's sale on your home and take the $10,000 in equity you have.

But, if you file bankruptcy, your Georgia bankruptcy exemptions will allow you to protect that entire $10,000 in equity, meaning that we can avoid that FIFA completely. This will turn a secured debt (a debt that is secured by some collateral, such as your house or car) in to an unsecured debt (debt that is not secured by anything but a promise to pay, like credit cards or medical bills).

If you want to figure out how much your home is worth, check out Zillow.com and your local tax assessor. Those are good starting places, and many Atlanta bankruptcy judges will accept valuations from these two sources.
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Individuals can file Chapter 11 to protect assets and reorganize their finances. This is a niche practice area for an experienced attorney.

5/14/2024

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Individuals Can File Chapter 11 Too

Chapter 11 is not just for small businesses and large corporations suffering insurmountable debt problems. Pursuant to Section 109(d) of the bankruptcy code, a person that may be a debtor under Chapter 7 (which is any individual) may also take advantage of the generous provisions in Chapter 11 to overcome their debt problems. Many high-income debtors will file a Chapter 11 if they fall outside the debt limits for Chapter 13. While many individuals with primarily business debts will be able to file a Chapter 7, regardless of income, Atlanta, Georgia Judge Wendy Hagenau recently ruled that an individual with primarily business debts who files a Chapter 7 and has a very high level of disposable income may be forced into a Chapter 11. Regardless of which Chapter you file, it is imperative that you consult with an experienced bankruptcy attorney prior to filing.

The Benefits of Filing an Individual Chapter 11

Historically, individuals filed Chapter 11 bankruptcy when they exceeded the debt limits of Chapter 13. For instance, many celebrities and professional athletes are required to file a Chapter 11 rather than a Chapter 13 because they have far too much secured and unsecured debt. However, there are also a number of benefits in filing a Chapter 11 for people who would otherwise qualify for a Chapter 13.

  1. Pre-petition Mortgage Arrears Are Too High: If a you want to keep your primary residence in bankruptcy and are behind on your mortgage payments, you cannot file a Chapter 7 to prevent the loss of your home. Chapter 13 is the typical solution; however, one of the limitations of Chapter 13 is that all your mortgage arrears must be paid within a 5 year period in equal monthly payments. If your haven’t made a mortgage payment in over a year, it can be very difficult to maintain your regular monthly payment in addition to an amount each month that will pay off your arrears in five years. With a Chapter 11 bankruptcy, you are not bound by this 5 year limit and can stretch out the cure period for a significantly longer time period.
  2. Cram-Down of Your Recently Financed Car: In bankruptcy, a creditor’s lien can be reduced to the fair market value of the property securing it. So, if you owe $100,000 on a rental property that is worth only $50,000, your balance will be reduced to $50,000. However, there are certain limitations on the debtor’s ability to do this, and one such limitation is governed by the “hanging paragraph” in Chapter 13. The “hanging paragraph” represents a paragraph in Chapter 13 of the bankruptcy code that provides that any car loan obtained within 910 days of your bankruptcy case cannot be crammed down to the value of the vehicle. This limitation does not exist in Chapter 11. So if Dan the Contractor finances a $45,000 truck in 2010, owes $35,000 by 2012, and files a Chapter 13 that same year, he will have to pay the entire $35,000 balance over the life of the plan. If he files a Chapter 11 and can prove that the truck is only worth $20,000, he will only have to pay back $20,000 through the Chapter 11 Plan. This results in a savings of over $15,000 over five years – a significant amount of money for Dan.
  3. Recent Discharge in Chapter 7 or Chapter 13 Case: If you have received a discharge in a Chapter 7 case within 4 years of the petition date or a discharge in Chapter 13 within 2 years of the petition date, you cannot receive another discharge in Chapter 13. But even if you just received a discharge under either Chapter, you can still file a Chapter 11 bankruptcy and receive a discharge once you complete all payments under the Plan.
  4. Nondischargeable Debts (Payroll Taxes, Domestic Support, Etc): Chapter 11 can give an individual the time needed to properly reorganize their affairs for liabilities considered nondischargeable under the bankruptcy code. Nondischargeable means the debt will not be wiped out in bankruptcy. Among the debts that will survive bankruptcy are payroll taxes. Payroll taxes are serious business, and if your business fails to pay these taxes, you can be held personally liable. Fortunately, filing Chapter 11 will stop any penalties and fees from accruing on these unpaid taxes, and your attorney can work with the IRS to structure a repayment plan or settlement offer that you can afford.
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If you want to talk more about the benefits of filing an individual Chapter 11 bankruptcy, call Rountree Leitman Klein & Geer, LLC at 404-584-1238 or fill out an intake form here.
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Rountree Leitman Klein & Geer, LLC is located in Atlanta, Georgia and serves clients in and around Atlanta, Decatur, Scottdale, Clarkston, Avondale Estates, Tucker, Pine Lake, Stone Mountain, Roswell, Alpharetta, Sandy Springs, Johns Creek, Peachtree Corners, Cobb County, Dekalb County, Forsyth County, Gwinnett County, and Fulton County. Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profiles at Lawyers.com,  Martindale.com, and SuperLawyers.com. Copyright 2024 - Rountree Leitman Klein & Geer, LLC.
  • Home
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