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); 12 Okl. St. § 990.4.  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); 76 Okl. St. § 75.  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.

Class Action Reform- S.B. 704 (2011)

Adopts Iqbal/Twombly language and adds a new requirement for class action lawsuits.  Provides that an action may be maintained as a class action if the petition contains factual allegations sufficient to demonstrate a plausible claim for relief.

Evidence Admissibility Reform- H.B. 2023 (2011), 12 Okl. St. § 3009.1

Outlines procedures for unpaid medical bills for personal injury cases.  Allows for payment to be made at the level of actual payment, not what was charged.

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 and Several Liability Reform- S.B. 862 (2011), 23 Okl. St. § 15.1.  Eliminates joint and several liability except whesre the state brings the lawsuit.

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 Instructions- S.B. 865 (2011), 12 Okl. St. § 577.4.  Provides that jury instructions applicable in a civil case shall include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax.  Any amount that the jury determines to be proper compensation for personal injury or wrongful death should not be increase or decreased by any consideration for income taxes. 

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. 

Lawsuit Reform Act- H.B. 2024 (2011), 23 Okl. St. § 9.3.

Provides that upon request of a party, the court shall order that medical, health care, or custodial services awarded in an action be paid in whole or in part in periodic payments rather than by a lump-sum payment.  Also, upon request of a party, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability action be paid in whole or in part in periodic payments rather than by a lump-sum payment.  This section only applies when the present value of the award of future damages, as determined by the court, equals or exceeds $100,000.  Payment muse be made within seven years and interest shall be paid at the rate of a post-judgment award.

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.

Noneconomic Damages Reform- H.B. 2128 (2011), 23 Okl. St. § 61.2: Reduces the limit on the amount of noneconomic damages that may be awarded for noneconomic loss arising from a claim of bodily injury from $400,000 to $350,000.  Does not impact damages such as lost wages, medical expenses and future loss of expected wages, and lays out exceptions to the limit in case of gross negligence, reckless disregard, intentional actions, or malicious conduct.  Eliminates the establishment of the Health Care Indemnity Fund.

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.

Trespass Reform- S.B. 494 (2011), 21 Okl. St. § 1835.4

Codifies Oklahoma common law which provides that land possessors do not owe a duty of care to trespassers, except under very narrow circumstances.  Based on the ALEC model trespassing bill.

Volunteer Liability: H.B. 1603 (2009).  Provides liability protections for volunteers.