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Oklahoma governor signs lawsuit-reform bill


5.21.2009



Oklahoma Gov. Brad Henry signed House Bill 1603 May 21, a lawsuit reform measure.

House Republicans said the bill will help reduce health care costs for all Oklahomans, reverse a doctor and nurse shortage trend and attract business and economic development to our state.

“The days of Oklahoma being known as a jackpot justice state are over,” said House Speaker Chris Benge. “This legislation will change the economic landscape of our state and will say to companies that we welcome their business in Oklahoma. Our goal throughout the years was to find a solution that would keep the doors of the courthouse open to those with legitimate claims, but reduce the number of frivolous lawsuits that do nothing but drive up costs for all Oklahomans and this legislation is true reform that does just that.”

Henry’s signature of a historic lawsuit reform bill will create jobs, draw new businesses to Oklahoma and increase health care accessibility, a State Chamber of Oklahoma official said.

“This bill is the most important piece of work for the business community to come out of Oklahoma in a long time,” said Mike Seney, senior vice president of operations at The State Chamber. “This comprehensive package will create jobs, increase health care accessibility in all corners of the state and show outside companies that Oklahoma is open for business.”

The bill was signed into law today by Gov. Brad Henry and it goes into effect Nov. 1, 2009.

The major reforms agreed upon include the following:

  • Adoption of an expanded federal rule (#2023) as a foundation for class actions in Oklahoma;
  • Specific procedures and guidelines set out the court must follow in appointing an attorney to represent the class;
  • Specific findings that must be included in an order certifying a class;
  • More specific information that must be included in the notice provided to potential class members if a class is certified;
  • More specific court oversight of the case, particularly regarding dismissals and settlements;
  • Limiting non-resident membership in state class actions;
  • Allowing the court to stay, transfer or dismiss a case if it should be heard in another court;
  • Requiring the appellate court to immediately review certification orders using the de novo standard;
  • Allowing the appellate court to also review orders determining whether the class has exhausted administrative procedures;
  • Requiring the case to be stayed while an appeal of the certification order is pending;
  • Providing that settlements in which coupons are awarded, the attorney shall also receive his fee in coupons; and,
  • Providing specific guidelines the court must follow in awarding attorney fees to the attorney representing the class, which includes allowing the court to appoint an independent attorney to represent the class during the fee hearing.


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