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As 'Nuclear Verdicts' Rise in Georgia, Consider the Role of Arbitration

The Daily Report

  • May 30, 2023

John Amabile, Todd Sprinkle, and Shayla Wright co-authored an article in the Daily Report about mitigating the risk of multimillion-dollar jury verdicts.

“Recent research has shown that litigating in Georgia carries an increased risk of facing significant verdicts, the size of which would have been considered very unlikely 20 years ago,” they wrote.

“There are, of course, numerous ways to mitigate the risk of litigation. These include putting in place processes to recognize where the risk of litigation exists and to try and reduce those risks. Early evaluation and settlement efforts, including pre-lawsuit mediation, should be given serious consideration,” they continued.

“But undoubtedly the best way to avoid the risk associated with large jury verdicts is to simply exclude juries from being the ultimate trier of fact. The best, most time-tested way to achieve that is by including binding arbitration provisions in your contracts, especially since a pre-dispute waiver of a jury trial is unenforceable under Georgia law.”

Subscribers can access the article here: As ‘Nuclear Verdicts’ Rise in Georgia, Consider the Role of Arbitration

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