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:
- A redefinition of what constitutes a frivolous lawsuit, combined with a strengthening of summary judgment rules;
- A certificate of merit requirement that covers all types of cases (not just med mal) and includes a pauper exception;
- 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;
- 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;
- Changes to joint-and-several liability rules; and
- Various class action changes
On Thursday, Gov. Brad Henry signed the bill. It will take effect on November 1st. LegalNewsline has more.
–CJR
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