David Williams, president of the Taxpayers Protection Alliance (TPA), recently expressed concerns over mass tort litigation's impact on the economy during an episode of the Business of America podcast. He pointed out that in Georgia, attorneys can take advantage of loopholes such as the state's "seat belt gag rule," leading to increased insurance costs.
"But this is something that needs to be addressed, because lawyers, and especially tort litigation, really is a suck in the economy," said Williams. "We can't afford that. We have inflation that's still really high. Congress absolutely has a role in this and really should be looking at this and putting some guardrails around the litigation."
The American Tort Reform Association (ATRA) shared similar sentiments, noting that Governor Brian Kemp has addressed the issue of mass tort litigation. According to ATRA, filing "abusive" lawsuits is relatively easy in Georgia, contributing to higher insurance premiums. "The Ford Motor Co. case is a stark reminder of how antiquated laws can tip the scales of justice," stated ATRA. They added that "ethically questionable events marred the entire trial, while a dated Georgia law restricted the jury from accessing crucial evidence – including the fact that seatbelts weren’t worn properly." The association highlighted Georgia’s seat belt gag rule as an example of how the state’s legal system could potentially harm its economy. It also noted that although the Georgia Supreme Court has indicated repealing this rule falls under the state legislature's jurisdiction, no action has been taken so far.
In a report authored by Olivia Durkin for The Mercer Law Review, concerns about Georgia’s seat belt gag rule were detailed further. In particular, Durkin referred to a 2022 case - Domingue v. Ford Motor Company - where clarity was sought on the state's seat belt statute from Georgia's Supreme Court. The court confirmed that OCGA 40-8-76.1(d) prohibits consideration of seatbelt usage; however, it left room for potential challenges regarding the constitutionality of this rule. Justice Sarah Hawkins Warren said: "Some of us have serious concerns about the constitutionality of a statute that strips from the defendant the ability to present evidence that could be critical to its ability to present a defense of a product it designs and manufactures."
Williams, according to the TPA website, has dedicated three decades to exposing government waste in Washington, D.C. His efforts have extended internationally as he has participated in government waste panels in South Korea and France and advised taxpayer groups worldwide. Williams' work has been recognized by The New York Times and numerous radio and television outlets.