OKLAHOMA REFORMS
Appeal Bond Reform: SB 372 (2001). Limits
the amount a defendant can be required to pay to secure the right to appeal to
$25 million.
Appeal Bond Reform: H.B. 1603 (2009). Limits
the amount a defendant can be required to pay to secure the right to appeal to
$25 million. Eliminates
bonding requirement to appeal a punitive damages judgment.
Asbestos/Silicosis Reforms: H.B. 1603 (2009). Brings Oklahoma
law in conformity with many other states by providing that a lawsuit should
only be brought when there is a medical claim and protects successor companies
who have purchased companies with an earlier asbestos exposure.
Certificate of Merit for Professional Negligence:
H.B. 1603 (2009). Requires an affidavit of merit
within 90 days of a lawsuit being filed.
Class Action Reform: H.B. 1603 (2009). Defines
who can be a member of a class and set a procedure for the court to determine
class attorneys and fees to be paid.
Allows the court to appoint an independent attorney to represent the
class in any dispute over attorneys fees. Provides that in coupon
settlements, the attorney shall receive fee in coupons.
Forum non conviens: H.B.
1603 (2009). Allows the court to move a case which should be
more properly heard somewhere else in the state, thus restricting “forum
shopping”
Frivolous Lawsuit Reform: H.B. 1603 (2009). Redefines
what a “frivolous lawsuit” is, so a judge can dismiss it earlier in the
process.
Gun Manufacturers Liability Protection: H.B. 1603
(2009). Provides liability
protection for gun manufacturers simply because they made the gun.
Joint and Several Liability Reform: H.B. 2661
(2004). Restricts joint liability to only a defendant that
is more than 50 percent at fault, except where any defendant acted with willful
and wanton conduct or reckless disregard and then all defendants may be held
joint and severably liable. Limitation only applies when the plaintiff
has no comparative negligence.
Joint and Several Liability Reform: Anderson v. O’Donohue,
677 P.2d 648 (Okla.
1983). Laubach v. Morgan, 588 P.2d 1071
(Okla. 1978).
Bars application of the rule of joint and
several liability in the award of all damages if the
plaintiff was at fault.
Joint & Several Liability: H.B. 1603 (2009). Provides that unless a defendant is more than 50%
at fault, the defendant will only be charged its proportionate share of the
injury award.
Junk Science & Expert Witness Reforms: H.B.
1603 (2009). Adopts Federal Rules to create
stricter standards for admitting expert testimony.
Jury Service Reform: S.B. 479 (2004). Provides jurors the right to automatically postpone
service one time. Reduces the length of
service from a two-week term to no more than one day unless selected to serve
on a jury. Limits jury service to
once every two years. Creates a lengthy
trial fund which compensates jurors up to $200 per day, starting on the
eleventh day of service – the fund is to be financed by a $10 filing fee on all
civil cases. Provides
jurors employment protections by prohibiting employers from penalizing jurors
who serve. Provides
small business protections by allowing an employee of a small business to
differ service if another employee from the same firm is already serving in the
same period. Increases
penalties for no-shows.
Medical Liability Reform/Volunteer Legal
Protection: S.B. 930 (2007) Allows
charitable health care providers rendering professional services gratuitously
to be exempt from legal liability.
Medical Liability Reform: Noneconomic
Damages Reform: H.B. 2661 (2004). Limits noneconomic
damages to $300,000 in medical liability cases provided the defendant made an
offer of judgment and the amount of the verdict
is less than one-and-a-half times the amount of the final offer of
judgment. Indexes the
limit to inflation. Non-economic
damages do not include, by definition, exemplary damages. Limit on noneconomic
damages may be
lifted if nine or more members of the jury find by clear and convincing
evidence that the defendant committed negligence or if nine or more members of
the jury find by a preponderance of the evidence that the conduct of the
defendant was willful or wanton.
Provides, however, that the
judge must, before submitting such determination to the jury, make a threshold
determination that there is evidence from which the jury could reasonably make
the findings set forth in the case.
Provides that if the jury returns a verdict that is greater than
$300,000 but less than one-and-a-half
times the amount of the final offer of judgment, the court shall submit
additional forms of possible verdicts to the jury covering possible
determinations of negligence and/or willful and wanton conduct. Provides that limits do not apply to wrongful death action. Provisions of this section
sunsets on November 1, 2010.
Medical Liability Reform: Ob/gyn’s
and emergency care: Noneconomic Damages Reform: H.B.
2661 (2004). Extends the sunset provision on the limit on noneconomic damages for ob/gyn’s
and emergency care situations (S.B. 629, 2003) from July 1, 2008 until November 1, 2010.
Medical Liability Reform: Noneconomic
Damages Reform: SB 629 (2003). Limits noneconomic
damages to $350,000 in cases involving pregnancy (labor, delivery, and post
partum period) as well as emergency care.
Medical Liability Reform: Certificate of Merit
Requirement: SB 629 (2003). Requires a certificate of
merit to be filed with the petition.
Medical Liability Reform: Collateral Source Rule
Reform: SB 629 (2003). Permits the admissibility of
evidence of collateral source payments.
Medical Liability Reform: Pre-judgment Interest
Rate Reform: SB 629 (2003). In medical liability cases, ties the
prejudgment interest rate to the average U.S. Treasury Rate of the preceding
calendar year.
Medical Liability Reform: Contingent Fee Reform: Okla. Stat. Ann. tit.5,
§ 7. Limits contingent fees to 50% of a plaintiff’s
recovery.
Noneconomic Damages Reform: H.B. 1603
(2009). Provides that in any civil action arising from a
claimed bodily injury, the amount of compensation which a trier
of fact may award a plaintiff for noneconomic loss
shall not exceed $400,000, except under certain circumstances.
Obesity Litigation Reform: H.B. 1603 (2009). Provides liability protection for purveyors of food
for claims of obesity and obesity-related illnesses.
Prejudgment Interest Reforms: H.B. 1603
(2009). Provides that prejudgment interest does not begin
to accrue until two years after the beginning of a lawsuit; reduced the
interest rate charged.
Prejudgment and Postjudgment
Interest Rate Reform: H.B. 2661 (2004). Sets postjudgment
and prejudgment interest rate at the prime rate plus 2 percent (effective
January 1, 2005).
Prejudgment Interest Reform: SB 488 (1986). Prohibits the assessment of prejudgment interest on
punitive damage awards. Sets the prejudgment
interest rate at 4% above the U.S. Treasury Bill.
Products
Liability Reform: H.B. 1603 (2009). Provides that a manufacturer shall not be liable if the product is
inherently unsafe.
Punitive
Damages Reform: SB 263 (1995): Okla.
Stat. Ann. tit. 23, § 9.1. Codifies factors that the jury must
consider in awarding punitive damages. Provides that when
a jury finds by “clear and convincing” evidence that the defendant: (1) acted in
“reckless disregard for the rights of others,” the award is limited to the
greater of $100,000 or actual damages awarded; or (2) acted intentionally and
with malice, the award is limited to $500,000; two times the award of actual
damages; or the increased financial benefit derived by the defendant or insurer
as a direct result of the conduct causing injury. The limit does not apply if the court finds
evidence beyond a reasonable doubt that the defendant acted
intentionally and with malice in conduct life‑threatening to humans.
Punitive Damages Reform: SB 488 (1986). Limits
the award of punitive damages to the award of compensatory damages unless the
plaintiff establishes her case by “clear and convincing” evidence, in which
case no limit applies.
Summary Judgment: H.B. 1603 (2009). Adopts the Federal Rules dealing with summary judgment which will
allow judges to dismiss frivolous lawsuits earlier in the process.
Volunteer Liability: H.B. 1603 (2009). Provides liability protections for volunteers.