OKLAHOMA CITY - Opinions vary on the motivation for a special legislative session beginning Tuesday to revamp a lawsuit reform law that was found unconstitutional in June.
Gov. Mary Fallin last month called for the special session after rulings by the Oklahoma Supreme Court that found a highly touted 2009 lawsuit reform measure, House Bill 1603, violated the state constitution's single-subject rule.
In a separate opinion, the court said that requiring an expert to certify that a professional negligence case has merit before it can proceed was an impermissible special law and created a monetary barrier to the courts.
Fallin said the special session was needed to calm concerns within the business community and to continue to promote the state as business-friendly.
"I am absolutely concerned about small businesses, individuals and businesses in general, making sure we have a fair and balanced legal system that not only takes care of someone who might be harmed and have access to our legal system, but also have protections to our businesses and doctors who might face frivolous claims," Fallin said.
She said the reform measures could be restored more quickly in a special session than waiting for the Legislature to convene its next regular session in February.
"We felt like the gravity of the issue was so important to enact it now during a special session rather than waiting until next session," she said, adding that a tremendous number of bills are considered during a regular session. And waiting until the next session could mean the measures might not be enacted until the fall of 2014.
Two Tulsa trial attorneys have a dramatically different viewpoint.
Hugh Robert is an attorney with Sherwood, McCormick and Robert. He also serves on the board for the Oklahoma Association of Justice.
He said businesses have come to Oklahoma, not because of lawsuit reform, but due to the great work force, cost of living and quality of life.
The GOP-backed lawsuit reform measures "provide protections and immunity for companies and professionals that donate a lot of money to not be responsible for their bad acts," he said.
Guy A. Fortney is a Tulsa attorney with Brewster and DeAngelis and another member of the Oklahoma Association of Justice. He said he believes the special session was called as an attack on the judiciary, which has recently thrown out several laws passed by the Legislature.
He believes lawmakers will then seek to make changes to how appellate judges are picked and how long they serve.
"This will be an easy thing to come together at a special session, pass feel-good acts and declare victory," Fortney said. "It is a lot more difficult than tackling tough matters that would lift all boats in Oklahoma - education, infrastructure, better roads. Those are issues that take thoughtful responses. This is a knee-jerk reaction to declare victory and walk away and say they did something for Oklahoma."
It raises fears that a business or medical practice will be shuttered if nonexistent, out-of-control lawsuits are not stopped, Fortney said.
"The shocking thing is, every time these things come up, we say give us a list of frivolous lawsuits or a list of suits outside the bounds of reasonableness," he said. "Inevitably, it is some example from out of the state. There is no litigation crisis."
Fallin said she didn't think it helped to debate the merits of specific medical malpractice suits, but that the state has seen a decrease in such suits since passage of lawsuit reforms.
Some provisions of the nullified lawsuit reform law
House Bill 1603, as signed by Gov. Brad Henry in 2009, included the following features:
- Noneconomic damages capped at $400,000, except in extraordinary cases. (Lowered to $350,000 in 2011.)
- A state indemnity fund to cover damages of more than $400,000. (Never implemented.)
- Limited "court shopping" for class-action suits.
- Required expert certification of merit in professional negligence suits. (Later declared unconstitutional; substitute measure also ruled unconstitutional.)
- Protected food manufacturers from claims related to obesity.
- Gave additional product liability protection to manufacturers and sellers.
- Limited asbestos-related liability.
- Protected gun manufacturers and dealers from product liability.
Barbara Hoberock 405-528-2465
barbara.hoberock@tulsaworld.com
Original Print Headline: Views vary on rationale for special session
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Parker has served the past seven years on the regents board.
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