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Judicial Nullification in Georgia: Overriding Medical Malpractice Reform and Federal Law to Reward the Trial Bar

Just as juries that ignore the evidence to reach a verdict contrary to the law engage in “jury nullification,” judges that substitute their policy preferences for those of elected legislators commit “judicial nullification” by striking down democratically enacted statutes by judicial fiat. Two recent decisions by the Georgia Supreme Court are textbook examples. These decisions, overturning medical malpractice caps on noneconomic damages and overriding the federal ban on tort suits against vaccine makers, ignore prior precedent, statutory language, and limitations on judicial authority. Each decision will have a substantial and deleterious impact, both on Georgians’ health and welfare and on the state’s civil justice system, while enriching the trial bar at the expense of Georgia’s citizens. Georgians are left with two options: (1) amend the state constitution to make it clear that the General Assembly has the authority to limit or eliminate damages in all tort claims or ( ....

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Northwestern names seven to Board of Trustees

Northwestern has named seven new members to its Board of Trustees, the University announced Sept. 9. The individuals are Wendy Abrams, Frank Cohen, José Almeida, Robert Hayward, Emily Heisley Stoeckel, Kristin McDonnell and Joey Wat. Although they all lead various companies and firms, their industries range from health care to fast food. Abrams (Kellogg ’90). ....

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