A Peach Sheet, written by Alex Galvan (J.D. ’14) and Ashley Worrell (J.D. ’14) and published in the 2013 Georgia State University Law Review, was cited in a June 23 opinion from the U.S. Court of Appeals for the 11th Circuit. (See Grange Mutual Casualty Company v. Woodward et al., No. 15-13295, manuscript op. 23-24. 11th Cir. June 23, 2016).
Galvan and Worrell’s Peach Sheet, “Civil Practice: Civil Act,” covered O.C.G.A. Section 9-11-67.1, which set technical parameters for settlement offers in tort claims arising out of motor vehicle accidents when the offer to settle is prepared with the assistance of counsel, Worrell said.
"The citation of Alex and Ashley's Peach Sheet is a testament to the value of the public service provided by the Georgia State University Law Review,” said Kelly Cahill Timmons, associate dean for student affairs and associate professor of law. “Alex and Ashley were great students, and I am delighted that, two years after their graduation, federal appellate judges recognized the quality and usefulness of their work."
A Peach Sheet, written by Alex Galvan (J.D. ’14) and Ashley Worrell (J.D. ’14) and published in the 2013 Georgia State University Law Review, was cited in a June 23 opinion from the U.S. Court of Appeals for the 11th Circuit.
“In Grange Mutual Casualty Company v. Woodward et al., the Eleventh Circuit was faced with a question involving Section 9-11-67.1. The court noted that no published state or federal cases had interpreted the statute,” Worrell said. “The Eleventh Circuit thus cited our Peach Sheet for background on the law, and specifically its purpose. As we detailed in our Peach Sheet, the bill was largely enacted in response to a Georgia Supreme Court decision, Southern General Insurance Co. v. Holt, 416 S.E.2d 274 (Ga. 1992).”
The 11th Circuit cited the Peach Sheet’s assessment of concerns raised by the Holt decision and how the bill was intended to solve those issues.
The perceived concern was that Holt was enabling plaintiffs to present settlement offers with impossible deadlines, thus exposing insurance companies to potential ‘bad faith’ claims when they are unable to abide. Section 9-11-67.1 sought to reduce bad faith claims by giving insurance companies adequate time to investigate before deciding whether to settle. The Act sought to be a compromise to reduce arguments over the technical sufficiency of a settlement offer by creating a clear procedure.
“It was definitely exciting and unexpected,” Worrell said of the work being cited. “I have always loved writing, which is what drew me to law school in the first place.”
That love of writing also led to her involvement in Law Review, which prepared her well for the work she does clerking for federal judges.
“The vast majority of my day is spent writing on all sorts of legal topics,” Worrell said. “The Peach Sheet process specifically was very helpful, as it provided me with a solid background of statutory interpretation. More generally, Law Review helped me focus my writing, which has been very important as a law clerk.”
Peach Sheets chronicle the process by which Georgia laws develop from ideas to bills through the Legislature during a session. Law Review students track the bill through the House and Senate, interview legislators on both sides of the issue or the law, follow floor debates, and sometimes use secondary sources such as newspapers. The Peach Sheet offers analysis based on the students’ research.
“We get the perspective of legislators involved in drafting the law and those who put forth revisions or debated on the floor of the house. We try to get a sense of the rationale, logic and issues behind the law,” said Max Jones (J.D. ’16), outgoing Law Review editor-in-chief.
While Peach Sheets are often cited in opinions at Georgia appellate courts, use in federal courts is less common, Jones said.
“This is a great accomplishment,” Jones said. “Our Peach Sheets are intended to help the courts. Seeing them used in a real, tangible way is a great thing for the authors, the Law Review, and for Georgia State Law. It also highlights our members’ hard work on their Peach Sheets.”