TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Saturday, May 23, 2009

OK Gov. Henry Signs Tort Reform Compromise

You may recall that, a little over a week ago, I posted on a compromise tort reform bill hammered out in the Oklahoma legislature.  There were six main features of the bill:

  1. A redefinition of what constitutes a frivolous lawsuit, combined with a strengthening of summary judgment rules;
  2. A certificate of merit requirement that covers all types of cases (not just med mal) and includes a pauper exception;
  3. A cap on non-economic damages of $400,000, but an exception that a judge or jury may waive the cap in cases of gross negligence or catastrophic injury;
  4. A requirement that the state explore purchasing a $20M insurance policy to create an indemnity fund for non-economic damages in excess of $400,000;
  5. Changes to joint-and-several liability rules; and
  6. Various class action changes

On Thursday, Gov. Brad Henry signed the bill.  It will take effect on November 1st.  LegalNewsline has more.


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