CIVIL PRACTICE Civil Practice Act: Allow for Discretionary Appeal of Class Certification; Adopt Federal Rule of Civil Procedure 23 Pertaining to Class Actions; Amend Interest Amount on Judgments; Prohibit Third Voluntary Dismissal by Plaintiff; Permit Courts to Use Discretion in Declining Jurisdiction When Another Forum is More Convenient; Change the Pre-Judgment Interest Rate; Provide for Vacation of an Arbitration Award Based Upon an Arbitrator's Manifest Disregard for the Law

Authors

Ashley HarrisFollow
Crystal FerrierFollow
Andrew LewinterFollow

Document Type

Peach Sheet

Abstract

The Act replaces the Georgia rule relating to class actions by adopting Federal Rule of Civil Procedure 23. The Federal Rule allows for a discretionary intermediate appeal which existing state law did not allow. The Act amends the Georgia Code to allow courts to vacate arbitration awards when the arbitrator disregarded background substantive law in making a decision. The Act changes pre-judgment interest amounts on civil awards. Further, the Act prohibits plaintiffs from filing the same claim three times after voluntarily dismissing the claim twice. The Act also gives courts more discretion to deny jurisdiction in civil actions against nonresident defendants when a more convenient forum is available.

Recommended Citation

Ashley Harris, Crystal Ferrier & Andrew Lewinter, CIVIL PRACTICE Civil Practice Act: Allow for Discretionary Appeal of Class Certification; Adopt Federal Rule of Civil Procedure 23 Pertaining to Class Actions; Amend Interest Amount on Judgments; Prohibit Third Voluntary Dismissal by Plaintiff; Permit Courts to Use Discretion in Declining Jurisdiction When Another Forum is More Convenient; Change the Pre-Judgment Interest Rate; Provide for Vacation of an Arbitration Award Based Upon an Arbitrator's Manifest Disregard for the Law, 20 Ga. St. U. L. Rev. (2003).
Available at: https://readingroom.law.gsu.edu/gsulr/vol20/iss1/3