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. §19newexpert affidavitsrequires expert affidavits in professional negligence cases
12 O.S. §140.2newvenuerequires courts to decline jurisdiction if action more appropriate for anther forum
12 O.S. §192newindigent certificate of meritpersons 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 dismissalchanges numbering
12 O.S. §684 voluntary dismissalplaintiff may dismiss prior to pretrial, by agreement or order after pretrial, must pay defendants cost if refiled
12 O.S. §727.1 prejudgment interestinterest starts to accrue 24 months after suit filed
12 O.S. §990.4 Post-trial stays, appeal bondscaps 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 actionsallows appeal of certain denied motions but only when class has been certified and only as part of appeal certifying class
12 O.S. §994.1newMedicaid recoveryset formulas for Medicaid reimbursement on judgment or settlement
12 O.S. §2004 summonssummons must be served within 180 days of filing, presumptive dismissal if no service
12 O.S. §2008 statement of damagesrequire statement if damages in excess of $75,000, requires specification of amount if less than $75,000
12 O.S. §2009 motion to clarify damagesdefendant may file motion to clarify damages to require defendant to show damages will not qualify for diversity jurisdiction
12 O.S. §2011 frivolous lawsuitschanged language for attorneys certifying case as non-frivolous
12 O.S. §2023 class actionsvarious changes, including court determines attorney fees if class members object
12 O.S. §2056newsummary judgmentmust dismiss if “no genuine issue as to any material fact” (formerly “no dispute as to”
12 O.S. §2702 expert testimonyadds conditions for relevancy of expert testimony
12 O.S. §2703 expert testimonyinadmissible evidence can’t be introduced during expert testimony
12 O.S. §3226 statement of damagesplaintiff must provide computation of damages and supporting evidence within 60 days of filing
12A O.S. §1 – 304 duty of good faitheliminates cause of action for breach of duty of good faith in contracts
20 O.S. §56newindigent certificate of meritrequired Supreme Court to set standard for indigent exemption to affidavit of merit
23 O.S. §15 joint and several liabilityeliminates 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. §61.2newcap damagescaps non-economic damages at $400,000
36 O.S. §2211newindemnity fundcreates Health Care Indemnity Fund Task Force
47 O.S. §11 – 1112 seat beltseat belt use inadmissible unless child under 16
47 O.S. §12 – 420 seat beltseat belt use inadmissible unless child under 16
63 O.S. §1 – 1709.1 peer review statements inadmissiblerevises and limits circumstances in which professional peer review statements are subject to discovery in medical malpractice cases
63 O.S. §683.9 emergency operations planningminor changes – copy edits
63 O.S. §683.13 emergency managementexcludes volunteer health practitioners as defined in new Volunteer Practitioner Act
Uniform Emergency Volunteer Health Practitioners Act
63 O.S. §684.14newvolunteer health workerstitle
63 O.S. §684.15newvolunteer health workersdefinitions
63 O.S. §684.16newvolunteer health workersscope
63 O.S. §684.17newvolunteer health workersgrant authority
63 O.S. §684.18newvolunteer health workersdescribes registration system
63 O.S. §684.19newvolunteer health workersgrants license reciprocity in emergency
63 O.S. §684.2newvolunteer health workersclarifies scope of credentials
63 O.S. §684.21newvolunteer health workerslimits scope of practice
63 O.S. §684.22newvolunteer health workersallows official inclusion of volunteer workers
63 O.S. §684.23newvolunteer health workersauthorizes Board of Health to promulgate rules
63 O.S. §684.24newvolunteer health workersseeks uniformity among states
76 O.S. §31 volunteer health workersgrants limited immunity from liability
Common Sense Consumption Act
76 O.S. §33newfood productstitle
76 O.S. §34newfood productspurpose
76 O.S. §35newfood productsdefinitions
76 O.S. §36newfood productslimit liability and provide exemptions from limited liability
76 O.S. §50.2 agritourismadds agritourism to ag business with liability immunity
76 O.S. §51newfirearmsfirearms manufacturer liability immunity findings
76 O.S. §52newfirearmsfirearms manufacturer liability immunity
76 O.S. §53newfirearmsfirearms licensed dealer or collector liability immunity
76 O.S. §54newfirearmsexemptions
76 O.S. §57newproduct liabilityimmunity for manufacturers of inherently unsafe products
76 O.S. §58newproduct liabilityproduct improvements are not evidence of prior culpability
Asbestos and Silica Claims Priorities Act
76 O.S. §60newasbestos
76 O.S. §61newasbestos
76 O.S. §62newasbestos
76 O.S. §63newasbestos
76 O.S. §64newasbestos
76 O.S. §65newasbestos
76 O.S. §66newasbestos
76 O.S. §67newasbestos
76 O.S. §68newasbestos
76 O.S. §69newasbestos
76 O.S. §70newasbestos
76 O.S. §71newasbestos
Innocent Successor Asbestos-Related Liability Fairness Act
76 O.S. §72newasbestos
76 O.S. §73newasbestos
76 O.S. §74newasbestos
76 O.S. §75newasbestos
76 O.S. §76newasbestos
76 O.S. §77newasbestos
76 O.S. §78newasbestos
76 O.S. §79newasbestos
70 O.S. §6 – 101.7neweducational institution representationattorneys who represented school district in personnel hearings may not preside at hearings or influence related executive sessions
School Protection Act
70 O.S. §6 – 140newschool liabilitytitle
70 O.S. §6 – 141newschool liabilitypurpose
70 O.S. §6 – 142newschool liabilitydefinitions
70 O.S. §6 – 143newschool liabilitycriminalizes false accusations of criminal activity against education employe
70 O.S. §6 – 144newschool liabilityaward costs to prevailing party in action against school or staff, but not in actions between school and staff
70 O.S. §6 – 145newschool liabilityinsurers indemnity isn’t waiver of defense
70 O.S. §6 – 146newschool liabilityprovides suspension of students who assault volunteers, does not bar criminal prosecution
70 O.S. §6 – 147newschool liabilityprovides leave of absence for education workers injured in assault
70 O.S. §6 – 148newschool liabilityclarifies relationship with Governmental Tort Claims Act
51 O.S. §155 teacher liabilityState not liable for claims resulting from reasonable force or resulting from out-of-school detention
Repealed 
6 O.S. §6602emergency health care
63 O.S. §1708.1Eaffidavit of meritaffidavit of merit in medical liability cases previously stricken as special law
63 O.S. §1708.1Gprejudgment interestset 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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