Governor: Special Session on Lawsuit Reform ‘an Option’ in Oklahoma

Gov. Mary Fallin told a chamber of commerce gathering in northeastern Oklahoma that a special legislative session is possible to address lawsuit reform and other issues. The Tulsa World reported that Fallin said during the speech on July 12 to the Tulsa Regional Chamber that she has spoken with House Speaker T.W. Shannon and Senate President Pro Tem Brian Bingman about a possible special session on lawsuit reform.

In June, the Oklahoma Supreme Court ruled that a 2009 law on civil lawsuits violated the state Constitution’s prohibition against bills containing more than one subject.

“A special session is an option I am looking at,” Fallin said in response to an audience question at the luncheon. “I’ve talked to the speaker and the pro tem about the possibility of a special session to fix what I consider one of our most important pieces of legislation.”

The 2009 law redefined what constitutes a frivolous lawsuit and strengthening summary judgment rules, making it easier for a judge to dismiss a lawsuit that has no merit.

The bill also changed joint and individual liability guidelines to alter so-called “deep pocket” rules that had allowed an injured person to recover all damages from any defendant regardless of their individual share of liability. The measure also capped pain and suffering damages at $400,000, but allowed a judge or jury to waive the cap in cases of gross negligence or catastrophic injury.

Business groups have said the state court’s ruling is a blow to business interests.

This year’s regular session produced a workers’ compensation bill that is being challenged, as well as a bill combining a reduction in the state income tax rate with money to pay for repairs to the Capitol building that some believe violates the same single-subject rule cited by the Supreme Court in it’s June ruling on lawsuit reform.