Thursday, June 30, 2011

And in case you thought "tort reform" was slowing down . . .

The "American Tort Reform Association" (sorry, I just have to put anything that includes the phrase "tort reform" in quotation marks) has published its list of 2011 State Tort Reform Enactments (as of June 17, 2011) here.

This is the organization that marks certain locations in the country as "judicial hellholes." 

I have not done independent research to check and make sure that the listed bills were actually passed, or that ATRA's characterization of what the bills provide is accurate. 

For all those who think that Twombly/Iqbal is not materially different from Conley, note that Oklahoma apparently just passed a bill called "Class Action Reform" that "Adopts Twombly/Iqbal language and . . . 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."

For the two or three of you out there who follow Oklahoma politics at all, the "tort reform" juggernaut at work in Oklahoma apparently just managed to pass numerous items that were vetoed by Governor Henry about three years ago.   Upon his veto of that "tort reform" package, Oklahoma was excoriated by the Wall Street Journal as a backwater destined to remain one until it passed.

And in case my biases aren't clear enough by my tone, they are made clear enough in my article published a few years ago in Valparaiso Law review here. 

--PHM

https://lawprofessors.typepad.com/civpro/2011/07/and-in-case-you-thought-tort-reform-was-slowing-down-.html

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