Henry Signs Lawsuit Reform Measure

Governor Henry has signed into law what is described as a historic compromise on lawsuit reform and said it is time to "put this issue behind us."

Making changes to the lawsuit system has been a top priority for Republicans, who now control both the House and Senate. In the past, most attempts at lawsuit, or tort, reform have been blocked by Democrats in the Senate.

"This legislation enacts reasonable and responsible reforms that improve the civil justice system without impairing a citizen's constitutional right to have his or her legitimate grievances appropriately addressed in court," Henry, an attorney, said in a statement.

Under the bill, damages for pain and suffering, also called noneconomic damages, are capped at $400,000, unless exceptional circumstances exist. An indemnity fund is to be created to cover damages in excess of $400,000; how the cost of the fund will be handled has yet to be determined, but it will carry up to $20 million a year and cost under $1 million.

Court shopping of class-action lawsuits will be restricted.

The measure also contains a provision for the review of attorney fees in class-action suits. The measure does not include an opt-in provision for class actions, rather than an opt-out provision, as prior proposals had contained. An expert will have to certify that a professional negligence case has merit before it can proceed. That requirement will be waived for indigent plaintiffs.

Henry said it is time to "put this issue behind us" and give lawsuit reforms time to work.

"For more than two decades tort reform topped the chamber's legislative agenda and was one of the last components needed to make Oklahoma a true pro-business state," said Mike Neal, Tulsa Metro Chamber president and CEO. "This reform bill protects businesses, citizens and workers."

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