Relieves volunteers who provide services to nonprofit organizations of liability
Relieves volunteers who provide services to nonprofit organizations of liability for punitive damages unless those volunteers are currently offering the same service for profit.
Provides incentives for early settlement of a claim where the
Provides incentives for early settlement of a claim where the plaintiff demands or the defendant makes an offer of judgment in an amount over $100,000. The party refusing a reasonable offer as determined by the ultimate judgment, pays reasonable litigation costs and attorneys’ fees.
Provides that a person who has suffered a Y2K related
Provides that a person who has suffered a Y2K related problem must be in privity of contract in order to recover only economic loss and reasonable attorney’s fees; any person who successfully defends a claim is entitled to recover reasonable costs and attorney’s fees if the court determines that the claim was frivolous.
Codifies Oklahoma common law which provides that land possessors do
Codifies Oklahoma common law which provides that land possessors do not owe a duty of care to trespassers, except under very narrow circumstances.
Provides that upon request of a party, the court shall
Provides that upon request of a party, the court shall order that medical, health care, or custodial services awarded in an action be paid in whole or in part in periodic payments rather than by a lump-sum payment. Also, upon request of a party, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability action be paid in whole or in part in periodic payments rather than by a lump-sum payment. This section only applies when the present value of the award of future damages, as determined by the court, equals or exceeds $100,000. Payment must be made within seven years and interest shall be paid at the rate of a post-judgment award.
Provides that jury instructions applicable in a civil case shall
Provides that jury instructions applicable in a civil case shall include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income taxes. Any amount that the jury determines to be proper compensation for personal injury or wrongful death should not be increase or decreased by any consideration for income taxes.
Sets out that the use or nonuse of seat belts
Sets out that the use or nonuse of seat belts shall be submitted into evidence in any civil suit in Oklahoma unless the plaintiff in such suit is a child under sixteen years old.
Clarifies that “every pleading demanding relief for damages in money
Clarifies that “every pleading demanding relief for damages in money in excess of the amount required for diversity jurisdiction shall, without demined any specific amount of money, set forth only that the amount sought as damages is in excess of the amount required for diversity jurisdiction, except in actions sounding in contract. Every pleading demanding relief for damages in an amount of that required for diversity jurisdiction or less shall specify the amount of such damages sought to be recovered. Further clarifies that “if the amount of damages sought to be recovered is less than the amount required for diversity jurisdiction, the defendant may file, for purposes of establishing diversity jurisdiction only, a Motion to Clarify Damages prior to the pretrial order to require the plaintiff to show by a preponderance of evidence that the amount of damages, if awarded, will not exceed the amount required for diversity. If the court finds that any damages awarded are more likely than not to exceed the amount of damages required for diversity jurisdiction, the plaintiff shall amend his or her pleadings in conformance with the law.
Sets forth guidelines for signing of pleadings and sets forth
Sets forth guidelines for signing of pleadings and sets forth guidelines for “frivolous” suits brought in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law. Upon finding, the court shall enter an order requiring such non-prevailing party to reimburse the prevailing party for reasonable costs, including attorney fees, incurred with respect to such claim or defense.
Clarifies who is and who is not an “emergency management
Clarifies who is and who is not an “emergency management worker;” creates the “Uniform Emergency Volunteer Health Practitioners Act; and repealed old language dealing with the licensing and appointment of health personnel.
Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute
Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute or sell firearms from liability for “any injury suffered.” Does not exempt such firearms from product liability actions if appropriate.
Subjects consumer lawsuit lenders to Oklahoma’s Uniform Consumer Credit Code.
States that the party that prevails in an action to
States that the party that prevails in an action to vacate a judgment shall only be considered the prevailing party for the purpose of the award of costs, including reasonable attorney fees, if such party prevails on the merits in the underlying action.
Requires that within 90 days after filing an action for
Requires that within 90 days after filing an action for personal injury, the plaintiff must provide to the court and to all parties a statement identifying all personal injury claims the plaintiff has or anticipates filing against a personal injury trust. The defendant may then seek discovery against a personal injury trust identified by the plaintiff, and the plaintiff may not claim privilege or confidentiality to bar discovery.
Enacts the asbestos & silica exposure liability protection sought for
Enacts the asbestos & silica exposure liability protection sought for many years; and, also enacts reforms needed to protect successor companies who have purchased companies with an earlier asbestos exposure.
Applies to all covered claims pending on November 1, 2009,
Applies to all covered claims pending on November 1, 2009, and all claims filed thereafter, regardless of when the claim arose. The bill sets forth that the intent of the Act is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with applicable statutory and regulatory requirements. It sets for the definition of a claim and a “knowing and willful violation,” as well as setting forth guidelines that an entity shall not be subject to civil liability for a claim arising out of weight gain, obesity, or a health condition associated with weight gain or obesity. Additionally, the bill outlines that the pleading requirements and deems them part of the substantive law of the state and not merely in the nature of procedural provisions.
Deletes old definition language dealing with the term “volunteer” that
Deletes old definition language dealing with the term “volunteer” that restricted a volunteer and replaces it with new language: “provided, being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer;” and, further grants immunity “… where such actions are agreed upon in advance by al involved persons to be provided on a volunteer basis…”
Sets out the powers of the Governor in the case
Sets out the powers of the Governor in the case of emergency. Clarifies that she has certain powers during an emergency which includes certain “resources” not to include “health manpower.” She does maintain power of “health” resources. This bill works closely with the Uniform Emergency Volunteer Health Practitioners Act.
Clarifies that every contract of duty within the Uniform Commercial
Clarifies that every contract of duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement, and that a breach of the obligation of good faith shall not give rise to a separate tort cause of action.
Adopts the federal rules of evidence. Sets out that a
Adopts the federal rules of evidence. Sets out that a qualified expert witness may testify on scientific, technical or other specialized knowledge if; (1) The testimony is based upon sufficient facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the witness has applied the principles and methods reliably to the facts of the case. Also sets out that facts or data that are otherwise inadmissible shall no tbe disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.
Medicaid allows for the reduction of its recovery, to take
Medicaid allows for the reduction of its recovery, to take into account the costs of procuring a judgment or settlement. This legislation sets out how a recovery is split when Medicaid is involved in a medical liability action.
Allows any action to be dismissed by the plaintiff without
Allows any action to be dismissed by the plaintiff without an order of the court by filing a notice of dismissal “at any time before the pretrial.” After the pretrial hearing, an action may only be dismissed by agreement of the parties or by the court. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice… meaning the action may be filed again in the future.
Allows parties, upon showing of good cause, to obtain discovery
Allows parties, upon showing of good cause, to obtain discovery regarding any matter that is relevant to any party’s claim or defense by one or more of the following methods: depositions, written interrogatories, production of documents or things or permission to enter property for the purpose of inspection, copies of physical and mental examinations, and authorizations for release of the records. Also provides that in any action in which physical or mental injury is claimed, the party making the claim shall provide to the other parties a release or authorization allowing the parties to obtain relevant medical records and bills, and, when relevant, a release or authorization for employment and scholastic records.
Provides for the admissibility of the full amount paid as
Provides for the admissibility of the full amount paid as the full amount in question regarding medical bills used for damages calculations. It also states that if no bills have been paid, then the amount billed shall be admissible at trial subject to the limitations regarding any lien filed in the case.
Supreme Court of Oklahoma upholds the constitutionality in Lee v. Bueno, Case No. 114563 (Okla. Sept. 20, 2016)
For businesses that have met specified criteria: prohibits punitive damages;
For businesses that have met specified criteria: prohibits punitive damages; provides immunity for officers and directors; provides protection from third party liability; deems action to be based solely and exclusively in contract; and prohibits class actions suits. Provides qualified immunity to governmental entities.
Deletes old definition language dealing with the term “volunteer” that
Deletes old definition language dealing with the term “volunteer” that restricted a volunteer and replaces it with new language: “provided, being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer;” and, further grants immunity “… where such actions are agreed upon in advance by al involved persons to be provided on a volunteer basis…”
Codifies Oklahoma common law which provides that land possessors do
Codifies Oklahoma common law which provides that land possessors do not owe a duty of care to trespassers, except under very narrow circumstances
Requires that within 90 days after filing an action for
Requires that within 90 days after filing an action for personal injury, the plaintiff must provide to the court and to all parties a statement identifying all personal injury claims the plaintiff has or anticipates filing against a personal injury trust. The defendant may then seek discovery against a personal injury trust identified by the plaintiff, and the plaintiff may not claim privilege or confidentiality to bar discovery.
Sets out that the use or nonuse of seatbelts shall
Sets out that the use or nonuse of seatbelts shall be submitted into evidence in any civil suit in Oklahoma unless the plaintiff in such suit is a child under sixteen years old.
Medicaid allows for the reduction of its recovery, to take
Medicaid allows for the reduction of its recovery, to take into account the costs of procuring a judgment or settlement. This legislation sets out how a recovery is split when Medicaid is involved in a medical liability action.
Clarifies that “every pleading demanding relief for damages in money
Clarifies that “every pleading demanding relief for damages in money in excess of the amount required for diversity jurisdiction shall, without demined any specific amount of money, set forth only that the amount sought as damages is in excess of the amount required for diversity jurisdiction, except in actions sounding in contract. Every pleading demanding relief for damages in an amount of that required for diversity jurisdiction or less shall specify the amount of such damages sought to be recovered. Further clarifies that “if the amount of damages sought to be recovered is less than the amount required for diversity jurisdiction, the defendant may file, for purposes of establishing diversity jurisdiction only, a Motion to Clarify Damages prior to the pretrial order to require the plaintiff to show by a preponderance of evidence that the amount of damages, if awarded, will not exceed the amount required for diversity. If the court finds that any damages awarded are more likely than not to exceed the amount of damages required for diversity jurisdiction, the plaintiff shall amend his or her pleadings in conformance with the law.
Clarifies that in medical peer review proceedings, peer review information
Clarifies that in medical peer review proceedings, peer review information shall be private, confidential, privileged and not subject to discovery. Also states that in any action brought against a health care facility involving possible negligence in hiring, or contract with, a health care professional, any information discovered pursuant to a claim of negligence against such health care facility shall not be admissible as evidence until a judge or jury has first found the health care professional to have been negligent in providing health care services to the patient I n such health acre facility.
Provides that upon request of a party, the court shall
Provides that upon request of a party, the court shall order that medical, health care, or custodial services awarded in an action be paid in whole or in part in periodic payments rather than by a lump-sum payment. Also, upon request of a party, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability action be paid in whole or in part in periodic payments rather than by a lump sum payment. This section only applies when the present value of the award of future damages, as determined by the court, equals or exceeds $100,000. Payment must be made within seven years and interest shall be paid at the rate of a post-judgment award.
Subjects consumer lawsuit lenders to Oklahoma’s Uniform Consumer Credit Code.
Sets out the powers of the Governor in the case
Sets out the powers of the Governor in the case of emergency. Clarifies that she has certain powers during an emergency which includes certain “resources” not to include “health manpower.” She does maintain power of “health” resources. This bill works closely with the Uniform Emergency Volunteer Health Practitioners Act.
Clarifies that every contract of duty within the Uniform Commercial
Clarifies that every contract of duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement, and that a breach of the obligation of good faith shall not give rise to a separate tort cause of action.
Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute
Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute or sell firearms from liability for “any injury suffered.” Does not exempt such firearms from product liability actions if appropriate.
Outlines procedures for unpaid medical bills for personal injury cases.
Outlines procedures for unpaid medical bills for personal injury cases. Allows for payment to be made at the level of actual payment, not what was charged.
Lee v. Bueno, 2016 WL 5115314 (Okla. Sept. 20, 2016).
Clarifies who is and who is not an “emergency management
Clarifies who is and who is not an “emergency management worker;” creates the “Uniform Emergency Volunteer Health Practitioners Act; and repealed old language dealing with the licensing and appointment of health personnel.
Allows any action to be dismissed by the plaintiff without
Allows any action to be dismissed by the plaintiff without an order of the court by filing a notice of dismissal “at any time before the pretrial.” After the pretrial hearing, an action may only be dismissed by agreement of the parties or by the court. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice… meaning the action may be filed again in the future.
Allows parties, upon showing of good cause, to obtain discovery
Allows parties, upon showing of good cause, to obtain discovery regarding any matter that is relevant to any party’s claim or defense by one or more of the following methods: depositions, written interrogatories, production of documents or things or permission to enter property for the purpose of inspection, copies of physical and mental examinations, and authorizations for release of the records. Also provides that in any action in which physical or mental injury is claimed, the party making the claim shall provide to the other parties a release or authorization allowing the parties to obtain relevant medical records and bills, and, when relevant, a release or authorization for employment and scholastic records. (Terry O’Donnell – R)
Requires the nonprevailing party or parties in a derivative suit
Requires the nonprevailing party or parties in a derivative suit to pay the prevailing party or parties the reasonable expenses, including attorney fees, taxable as costs, incurred as a result of such action. (Bryce Marlatt -R)
Sets forth guidelines for signing of pleadings and sets forth
Sets forth guidelines for signing of pleadings and sets forth guidelines for “frivolous” suits brought in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law. Upon finding, the court shall enter an order requiring such non-prevailing party to reimburse the prevailing party for reasonable costs, including attorney fees, incurred with respect to such claim or defense.
Applies to all covered claims pending on November 1, 2009,
Applies to all covered claims pending on November 1, 2009, and all claims filed thereafter, regardless of when the claim arose. The bill sets forth that the intent of the Act is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with applicable statutory and regulatory requirements. It sets for the definition of a claim and a “knowing and willful violation,” as well as setting forth guidelines that an entity shall not be subject to civil liability for a claim arising out of weight gain, obesity, or a health condition associated with weight gain or obesity. Additionally, the bill outlines that the pleading requirements and deems them part of the substantive law of the state and not merely in the nature of procedural provisions.
Sets forth than in any civil action for professional negligence,
Sets forth than in any civil action for professional negligence, the plaintiff shall attach to the petition an affidavit and sets forth what is required in the filing and what should be done without an affidavit attached.
Notifications
