ONE LAWSUIT REFORM BILL DOWN, TWO TO GO

Gov. Brad Henry’s tort reform bill, Senate Bill 914, died in the Oklahoma State Senate, with the Senate refusing to hear the bill on the last day that body could consider its own bills. Senate Democrats reportedly blamed their Republican counterparts for the bill’s demise but Republican leadership said its failure was due to a lack of leadership on the part of the governor.

The House version of a lawsuit reform bill, House Bill 2047, the Justice and Common Sense Act, passed the House and is awaiting consideration in the Senate.

Urging support for HB 2047, Dan Ramsey, executive director of the Independent Insurance Agents of Oklahoma, said critical elements were left out of the tort reform legislation that passed last year. “HB2047 has some outstanding reforms that will help grow Oklahoma’s economy, as well,” Ramsey said in a letter to IIAO members. “I would encourage your message to be to your State Senator to support this bill when it comes his or her way. There are too many holes in our existing laws, especially on the medical community, that need to be addressed.”

The Oklahoma House also passed HB 1554, by State Rep. Dale DeWitt, which would create the “Commonsense Consumption Act” 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.”

The bill’s provisions would protect food producers from civil liability “for any claim arising” as the result of weight gain or obesity “allegedly caused” by food consumption.”

Food products that do not comply with other federal and state laws and regulations would not be protected from law-suits under the bill.