The recent decision of the Georgia Supreme Court in Georgia Investment Co. v. Norman has raised a number of interesting and difficult questions about the maintenance of class actions in the Georgia courts. The Norman decision could have serious ramifications for courts, lawyers and litigants in Georgia, and if its rationale should find acceptance in other jurisdictions the effects could be much broader in scope. The class action device can be an efficient and relatively inexpensive method for the adjudication of similar claims of a large number of persons in one proceeding. At its best, the class suit can work to the advantage of both plaintiffs and defendants and it can ease the growing problems of judicial administration. Small claimants who might not be able to afford the expense of individual litigation may be able to obtain redress through a class suit. The class action may also serve as an enforcement tool for various statutes. The economic pressures of a large class action may act as a deterrent to other potential defendants. The defendant has the advantage of being able to litigate only once and thus is freed from the problems of a multiplicity of lawsuits. Likewise, the courts may be freed from the administrative difficulties of handling many separate suits.
Courts | Law and Society
Law, Society and Governance
Mercer Law Review
Walter F. George School of Law, Mercer University; 1999
Georgia Investment Company v. Norman: The Supreme Court creates a New Form of Class Action for Georgia. (1973). Mercer Law Review. 24, 447-478. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/2117
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