02/18/2008
Tort reform in Oklahoma: Many proposals to a complicated issue
Tort reform has been a priority issue for NFIB for many years. This session legislators from across the state have introduced various plans toward a solution. As the legislative session progresses, we will keep you updated on the progression of this important legislation.
H.B. 2251 (Marian Cooksey) is legislation that would prohibit attorneys from making contributions to a candidate for judicial office. H.B. 2251 was introduced and referred to the Rules Committee.
H.B. 2570 (Mike Reynolds) is legislation that would direct the Oklahoma Secretary of State to refer to the people an amendment that would prohibit an attorney from contracting for a portion of the proceeds of a cause of action or claim of a client. H.B. 2570 was introduced and referred to the Rules Committee.
H.B. 2631 (Fred Jordan) is legislation that would create a panel of judges to preside over complex litigation cases. The bill was introduced and referred to the Judiciary and Public Safety Committee.
H.B. 2776 (DeWitt), or the Common Sense Consumption Act, is obesity liability reform legislation based on the ALEC model bill. H.B. 2776 was introduced and referred to the Judiciary and Public Safety Committee.
H.B. 3161 (Gus Blackwell) is legislation relating to mineral owners and class actions that would provide for maintenance of a class action by mineral owners in certain circumstances. H.B. 3161 was introduced and referred to the Judiciary and Public Safety Committee.
H.B. 3267 (Terry Harrison) is legislation relating to the Oklahoma Discovery Code that would provide for production of certain insurance agreement disclosing limits of the insurance policy. H.B. 3267 was introduced and referred to the Judiciary and Public Safety Committee.
H.B. 3380 (George Faught) is legislation relating to the Compulsory Insurance Law that would limit recovery for damages or claims against an insurance company for liability for motor vehicle accidents in certain circumstances. H.B. 3380 was introduced and referred to the Economic Development and Financial.
H.J.R. 1075 (Rob Johnson) is a joint resolution directing the Secretary of State to refer to the people a proposed amendment that would increase membership on the Judicial Nominating Commission. H.J.R. 1075 was introduced and referred to the Rules Committee.
H.J.R. 1076 (Rob Johnson) is a joint resolution directing the Secretary of State to refer to the people a proposed amendment that would prohibit any Judicial Officer or Officer of the Court from contributing to any candidate for Judicial Office. H.J.R. 1076 was introduced and referred to the Rules Committee.
S.B. 1467 (James Williamson) is omnibus tort reform legislation, identical to the reform bill Gov. Brad Henry vetoed in 2007. S.B. 1467 was introduced and referred to the Judiciary Committee. The main elements of S.B. 1467 would:
- Reduce frivolous lawsuits;
- Reform class action lawsuits and attorneys fees in class action cases. Place limits on some product liability actions;
- Eliminate joint and several liability;
- Enact $300,000 cap on non-economic damages;
- Limit liability for doctors and hospitals that provide volunteer/charitable care;
- Limit prejudgment interest;
- Place new procedural limitations on medical malpractice actions;
- Provide liability protection for teachers and school officials;
- Enact procedural reforms to prohibit "junk science;"
- Place limits on amount of appeal bonds;
- Require reduction of damage awards by percentage of responsibility of a settling party;
- Allow periodic payments for damage awards in medical liability cases;
- Enact two-year statute of limitations and 10-year statute of repose in medical liability cases;
- Require certification of merit before proceeding with medical liability cases;
- Require exchange of expert reports and standardized discovery in medical liability cases;
- Enact stricter qualifications for experts in medical liability cases;
- Allow evidence of collateral source payments from third parties in medical liability cases; and
- Adopt federal court rule that requires both parties to agree to the dismissal of a lawsuit.
S.B. 1620 (Patrick Anderson) is legislation that would expand actions in small claims court to anything below $10,000. S.B. 1620 was introduced and referred to the Judiciary Committee
S.B. 1821 (Patrick Anderson) is omnibus tort reform legislation similar to S.B. 1467, that does not include a limit on non-economic damages, and does not include the class action "opt-in" language. S.B. 1821 was introduced on February 4, 2008 and referred to the Judiciary Committee.
S.B. 1847 (Clark Jolley) is legislation relating to and modifying slightly the Volunteer Medical Professional Services Immunity Act, by adding orthodontists to the list of medical professionals. S.B. 1847 was introduced on Feb. 4, 2008.
S.J.R. 46 (Patrick Anderson) is a joint resolution that would order a legislative referendum to limit the amount of non-economic damages awarded to $300,000, to be adjusted annually based on the Consumer Price Index. It would also provide that if a jury finds that the acts of the party which caused the damages were grossly negligent or committed intentionally or with malice toward others, they may award noneconomic damages in an amount the jury deems appropriate without regard to the $300,000 limit. The legislation would not apply to an action brought for wrongful death. S.J.R. 46 was introduced on Feb. 4, 2008.
S.J.R. 47 (Patrick Anderson) is a joint resolution that would order a legislative referendum on civil procedure. Among other changes, upon certification of a class, it would order parties to the civil action to provide names and addresses of potential members of the class upon certification of a class. S.J.R. 47 was introduced on Feb. 4, 2008.S.J.R. 48 (Jim Wilson) is a joint resolution ordering a legislative referendum to create the Insurance Fair Conduct Act, that among other things, would allow certain first party claimants to bring action to recover actual damages plus costs and attorney fees, and would also allow triple damages to be awarded under certain circumstances. S.J.R. 48 was introduced on Feb. 4, 2008.
S.J.R. 58 (Brian Crain) is a joint resolution ordering a legislative referendum on an amendment that would modify the composition of the Judicial Nomination Commission, modify certain appointing authorities, and modify the term of the commissioner. S.J.R. 58 was introduced on Feb. 4, 2008.
