Publication Date
12-19-2025
Document Type
Comment
Abstract
This Comment examines how jurisdictions treat Mary Carter agreements today and why Georgia should prohibit them entirely. It explores a case currently on appeal before the Court of Appeals of Georgia that raises the issue, draws parallels to prohibited trial tactics under the Bruton Doctrine, and explains why limiting instructions fail to cure the prejudice these agreements create. It raises questions about whether Mary Carter agreements even present a justiciable controversy. It also considers the tension between the competing values at stake: promoting settlements and judicial efficiency on one side, versus safeguarding fairness and the integrity of litigation on the other. Ultimately, it argues that even with disclosure requirements, courts should abolish Mary Carter agreements.
Recommended Citation
Hammond, Lane
(2025)
"Still a Deal with the Devil? Mary Carter Agreements and the Integrity of Civil Jury Trials,"
Mercer Law Review: Vol. 77:
No.
1, Article 23.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol77/iss1/23