OK Senate votes to restrict pain and suffering awards

[heironymouspasparagus]

I have friends (believe it or not....) who are planning to leave Ok very soon just because of these types of things here in the state.  Both gay, both sick of the pathetic bigotry and discrimination and the general BS attitudes expressed by this state toward "their kind".  They will be a big loss to the state, since they are just the kind of upper middle class professionals who actually support this place with their taxes and contributions to the companies they work for.  Between the two, they pay more than any 10 to 15 of the typical "bubba homophobe" we got here.  Think Randy Terrell.  Think Sally Kern.  Jim Inhofe.

It's a shame.  I will miss them a great deal, and the state will too, even though most of it is too blind to appreciate the fact or even realize they are gone.  Except for the many dollars of state revenue that will be leaving with them.

[Red Arrow]

I have friends (believe it or not....) who are planning to leave Ok very soon just because of these types of things here in the state.  Both gay, both sick of the pathetic bigotry and discrimination and the general BS attitudes expressed by this state toward "their kind".  They will be a big loss to the state, since they are just the kind of upper middle class professionals who actually support this place with their taxes and contributions to the companies they work for.  Between the two, they pay more than any 10 to 15 of the typical "bubba homophobe" we got here.  Think Randy Terrell.  Think Sally Kern.  Jim Inhofe.

It's a shame.  I will miss them a great deal, and the state will too, even though most of it is too blind to appreciate the fact or even realize they are gone.  Except for the many dollars of state revenue that will be leaving with them.

I hope they will be happy where ever it is they are going.

[heironymouspasparagus]

It may be Canada, or somewhere in Europe.

[Conan71]

Reform bill is killed.  I think we can all breathe a sigh of relief this sham pile died.


OKLAHOMA CITY -- A coalition of Democrats and wary Republicans derailed lawsuit reform in the Oklahoma House Tuesday afternoon, voting down an amendment that caused leadership to withdraw the legislation entirely.

The bill set the hard cap for non-economic damages -- so-called "pain and suffering" -- at $350,000, a move lawsuit reform proponents say is necessary to prevent unwarranted judgments.

A Senate version of the bill would cap such damages to $250,000.

Democrats have generally opposed such caps, claiming they are unfair to individual plaintiffs. On Tuesday, they were joined by Republicans who argued the caps violate the U.S.Constitution's guarantee of jury trial.


Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=12&articleid=20110315_12_0_OLHMIY125840

[Townsend]

The republicans flopped and it passed.  No lobbyists involved on that one...

[Conan71]

The republicans flopped and it passed.  No lobbyists involved on that one...

I saw that.  FAIL

[Townsend]

I saw that.  FAIL

One of the failingest fails that ever failed a fail.

[Conan71]

One of the failingest fails that ever failed a fail.

Channeling Dr. Seuss?

[Townsend]

Channeling Dr. Seuss?

Homer Simpson actually.

[guido911]

Fallin signed off on new tort reform.

House Bill 2128 places a $350,000 hard cap on non-economic damages.  Senate Bill 862 eliminates joint and several liability sometimes known as the "deep pocket" rule, where each and every defendant in a tort lawsuit is liable for the entire amount of a plaintiff's damage, regardless of their degree of fault.

And Senate Bill 865 requires that juries be instructed in civil cases that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax.

http://www.krmg.com/news/news/local/fallin-signs-landmark-lawsuit-reform-bills-law/nCHqp/

I think Bill 862 will have the biggest impact.

[nathanm]

Fallin signed off on new tort reform.

http://www.krmg.com/news/news/local/fallin-signs-landmark-lawsuit-reform-bills-law/nCHqp/

I think Bill 862 will have the biggest impact.

I think it'll have the impact of restructuring some businesses to avoid liability.

[guido911]

"Loser pays" coming to Oklahoma?

The success of 'loser pays' is destined to be viewed as a key victory for the Republican legislature over a group that once enjoyed almost limitless influence in the state: the Texas Trial Lawyers Association, which lobbied aggressively against the law. Prior to the reforms instituted in 2003 and 2005, Texas was an ambulance chaser's paradise. Nowadays, even the $13 million the trial lawyers spent to defeat Perry and other pro-tort-reform Republicans in the 2010 election had little impact. In a stunning rebuke, Lt. Gov. David Dewhurst stared down the trial lawyer lobby and shepherded the measure through to a 31–0 vote in the Senate.

Perry is blazing an important trail for other governors such as South Carolina's Nikki Haley, Pennsylvania's Tom Corbett, Florida's Rick Scott, Oklahoma's Mary Fallin, and Alabama's Robert Bentley, all of who ran and won while proposing similar legal-reform ideas.

Why are these types of reforms so important?

The cost of tort litigation is strangling the U.S. and small businesses in particular. According to Marie Gryphon of the Manhattan Institute, the cost of tort litigation topped $247 billion in 2006. The National Federation of Independent Business estimates that tort litigation costs small businesses over $105 billion annually, $35 billion of which comes out of their pockets, not insurance.

'Loser pays' reform will result in fewer frivolous lawsuits, lower litigation costs, and more expedient justice for legitimate claims. Just as important, the passage of loser pays is yet another example of how Texas has taken the national lead in job creation and the fostering of a strong business climate. Immediately following Perry's earlier reforms, the number of physicians applying to practice rose by 60 percent, filling a increasing need across the state, according to the Journal. Likewise, by tossing off the threatening shroud of frivolous lawsuits, Texas is removing yet another barrier to small business expansion and job growth.

http://www.nationalreview.com/corner/268436/loser-pays-texas-small-business-wins-stephen-demaura

[Red Arrow]

"Loser pays" coming to Oklahoma?

Better pick your clients carefully.

[guido911]

Better pick your clients carefully.

You are not kidding.