Tulsa Attorney BlogOklahoma Tort Reform Unraveled: Comprehensive Reform Act of 2009 Citationized

Click here to download the full report
“Tort Reform Unraveled” in a printable pdf format.

Oklahoma tort reform unconstitutional When the Oklahoma Supreme Court on June 4, 2013 struck down a landmark 2009 Tort Reform bill, it reversed law spread across 10 titles and 81 sections of Oklahoma Statutes. The order did not include references to the statutes created or amended by the now unconstitutional laws. Because the court didn’t reference those laws, until the legislature amends the statutes, those who rely on annotations in Oklahoma’s codified statutes will not be able to use annotations in relevant case law to identify the unconstitutional, unenforceable laws still on the books.

For that reason, we’ve prepared a list of titles, sections and acts created and amended by the Comprehensive Reform Act of 2009. The citations in the left column below link to pages in www.oscn.net where the relevant laws can be read online. The downloadable .pdf report also contains hyperlinks to the related laws.

Read more about the Supreme Court’s June 4, 2013 opinions in the related post Tort Reform Unraveled: Supreme Court Reverses 2009 Tort Bill.

Comprehensive Lawsuit Reform Act of 2009 Act
12 O.S. §19 new expert affidavits requires expert affidavits in professional negligence cases
12 O.S. §140.2 new venue requires courts to decline jurisdiction if action more appropriate for anther forum
12 O.S. §192 new indigent certificate of merit persons requesting indigent’s exemption from filing affidavit of merit must apply to court clerk, pay $40 fee, which may be deferred.
12 O.S. §683   voluntary dismissal changes numbering
12 O.S. §684   voluntary dismissal plaintiff may dismiss prior to pretrial, by agreement or order after pretrial, must pay defendants cost if refiled
12 O.S. §727.1   prejudgment interest interest starts to accrue 24 months after suit filed
12 O.S. §990.4   Post-trial stays, appeal bonds caps appeal bonds at $25 million, no bond required in appeal of punitive damages, judgment may be stayed while appeal is pending in any court
12 O.S. §993   class actions allows appeal of certain denied motions but only when class has been certified and only as part of appeal certifying class
12 O.S. §994.1 new Medicaid recovery set formulas for Medicaid reimbursement on judgment or settlement
12 O.S. §2004   summons summons must be served within 180 days of filing, presumptive dismissal if no service
12 O.S. §2008   statement of damages require statement if damages in excess of $75,000, requires specification of amount if less than $75,000
12 O.S. §2009   motion to clarify damages defendant may file motion to clarify damages to require defendant to show damages will not qualify for diversity jurisdiction
12 O.S. §2011   frivolous lawsuits changed language for attorneys certifying case as non-frivolous
12 O.S. §2023   class actions various changes, including court determines attorney fees if class members object
12 O.S. §2056 new summary judgment must dismiss if “no genuine issue as to any material fact” (formerly “no dispute as to”
12 O.S. §2702   expert testimony adds conditions for relevancy of expert testimony
12 O.S. §2703   expert testimony inadmissible evidence can’t be introduced during expert testimony
12 O.S. §3226   statement of damages plaintiff must provide computation of damages and supporting evidence within 60 days of filing
12A O.S. §1 – 304   duty of good faith eliminates cause of action for breach of duty of good faith in contracts
20 O.S. §56 new indigent certificate of merit required Supreme Court to set standard for indigent exemption to affidavit of merit
23 O.S. §15   joint and several liability eliminates exception from several liability where jointfeasor has less than 50% of liability and no comparative negligence by plaintiff. Clarifies that only jointfeasor jointly liable when liability arises from that jointfeasor’s willful or reckless conduct.
23 O.S. §61.2 new cap damages caps non-economic damages at $400,000
36 O.S. §2211 new indemnity fund creates Health Care Indemnity Fund Task Force
47 O.S. §11 – 1112   seat belt seat belt use inadmissible unless child under 16
47 O.S. §12 – 420   seat belt seat belt use inadmissible unless child under 16
63 O.S. §1 – 1709.1   peer review statements inadmissible revises and limits circumstances in which professional peer review statements are subject to discovery in medical malpractice cases
63 O.S. §683.9   emergency operations planning minor changes – copy edits
63 O.S. §683.13   emergency management excludes volunteer health practitioners as defined in new Volunteer Practitioner Act
Uniform Emergency Volunteer Health Practitioners Act
63 O.S. §684.14 new volunteer health workers title
63 O.S. §684.15 new volunteer health workers definitions
63 O.S. §684.16 new volunteer health workers scope
63 O.S. §684.17 new volunteer health workers grant authority
63 O.S. §684.18 new volunteer health workers describes registration system
63 O.S. §684.19 new volunteer health workers grants license reciprocity in emergency
63 O.S. §684.2 new volunteer health workers clarifies scope of credentials
63 O.S. §684.21 new volunteer health workers limits scope of practice
63 O.S. §684.22 new volunteer health workers allows official inclusion of volunteer workers
63 O.S. §684.23 new volunteer health workers authorizes Board of Health to promulgate rules
63 O.S. §684.24 new volunteer health workers seeks uniformity among states
76 O.S. §31   volunteer health workers grants limited immunity from liability
Common Sense Consumption Act
76 O.S. §33 new food products title
76 O.S. §34 new food products purpose
76 O.S. §35 new food products definitions
76 O.S. §36 new food products limit liability and provide exemptions from limited liability
76 O.S. §50.2   agritourism adds agritourism to ag business with liability immunity
76 O.S. §51 new firearms firearms manufacturer liability immunity findings
76 O.S. §52 new firearms firearms manufacturer liability immunity
76 O.S. §53 new firearms firearms licensed dealer or collector liability immunity
76 O.S. §54 new firearms exemptions
76 O.S. §57 new product liability immunity for manufacturers of inherently unsafe products
76 O.S. §58 new product liability product improvements are not evidence of prior culpability
Asbestos and Silica Claims Priorities Act
76 O.S. §60 new asbestos
76 O.S. §61 new asbestos
76 O.S. §62 new asbestos
76 O.S. §63 new asbestos
76 O.S. §64 new asbestos
76 O.S. §65 new asbestos
76 O.S. §66 new asbestos
76 O.S. §67 new asbestos
76 O.S. §68 new asbestos
76 O.S. §69 new asbestos
76 O.S. §70 new asbestos
76 O.S. §71 new asbestos
Innocent Successor Asbestos-Related Liability Fairness Act
76 O.S. §72 new asbestos
76 O.S. §73 new asbestos
76 O.S. §74 new asbestos
76 O.S. §75 new asbestos
76 O.S. §76 new asbestos
76 O.S. §77 new asbestos
76 O.S. §78 new asbestos
76 O.S. §79 new asbestos
70 O.S. §6 – 101.7 new educational institution representation attorneys who represented school district in personnel hearings may not preside at hearings or influence related executive sessions
School Protection Act
70 O.S. §6 – 140 new school liability title
70 O.S. §6 – 141 new school liability purpose
70 O.S. §6 – 142 new school liability definitions
70 O.S. §6 – 143 new school liability criminalizes false accusations of criminal activity against education employe
70 O.S. §6 – 144 new school liability award costs to prevailing party in action against school or staff, but not in actions between school and staff
70 O.S. §6 – 145 new school liability insurers indemnity isn’t waiver of defense
70 O.S. §6 – 146 new school liability provides suspension of students who assault volunteers, does not bar criminal prosecution
70 O.S. §6 – 147 new school liability provides leave of absence for education workers injured in assault
70 O.S. §6 – 148 new school liability clarifies relationship with Governmental Tort Claims Act
51 O.S. §155   teacher liability State not liable for claims resulting from reasonable force or resulting from out-of-school detention
Repealed  
6 O.S. §6602 emergency health care
63 O.S. §1708.1E affidavit of merit affidavit of merit in medical liability cases previously stricken as special law
63 O.S. §1708.1G prejudgment interest set prejudgment interest at U.S. Treasury Bill rate

Click here to download the full report
“Tort Reform Unraveled” in a printable pdf format.

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