Snakes Alive
September 8, 2009
“Danger! Tort reform legislation effective November 1. File your lawsuits now!”
So writes the Oklahoma City law firm of Merritt & Associates in a recent email to … well, to whoever might want to file a frivolous case before tort reform legislation takes effect in Oklahoma. (hat tip to BixbyBulletin.com for uncovering the email)
I think I see a pit of sidewinders yonder out to make a killing. This isn’t about justice at all. It’s about lining their pockets with contingency fee dough. Maybe the Merritt laww firm should change it’s name to “No Merit and Associates.”
Oklahoma Representative Dan Sullivan called the email “an opportunistic attempt to get lawsuits on the books, regardless of their merit,” which is true of course. Rep. Sullivan, Senate leader Glenn Coffee and the State Chamber of Oklahoma were all recognized recently by the American Tort Reform Association for their roles in finally bringing tort reform across the goal line against the fierce defense of the state’s powerful trial bar. Which reminds me … BYU quarterback Max Hall, who engineered a late touchdown drive to defeat the highly-ranked Oklahoma Sooners, might want to stay away from the state until after November.
And anybody with a cup of hot coffee, now is your time to just sue somebody…so the personal injury lawyers can sleep at night.
Trial Bar Chases Jobs Out Of Oklahoma
April 16, 2009
In recent months, both Tyson Foods and Conoco Phillips have announced plans to shift a total of more than 1,300 jobs out of Oklahoma and relocate them to other states. More fall out from a bad economy? No, these job losses come courtesy of the state’s powerful trial bar.
“It appears Oklahoma is firmly committed to the trial lawyer lobby instead of industry, jobs and prosperity,” writes Steve Fair, in the OKGazette.com. Fair, who also blogs at stevefair.blogspot.com, blames the trial bar for blocking reform of Oklahoma’s antiquated workman’s compensation system. Oklahoma “still uses the court system to settle worker comp disputes, which creates high premiums for employers and reduced payments to injured workers.”
Oklahoma’s Republican controlled legislature is trying to pass legislation (again) that would reduce job-killing lawsuits by establishing reasonable limits on non-economic damages and curbing lottery-sized legal fees to greedy trial lawyers. But, as Fair notes, Democrat Governor Brad Henry vetoed a similar bill two years ago and shows little interest in letting this one become law, despite his campaign rhetoric supporting these common sense reforms.
You’d think in today’s dire economy political leaders would united and pull out all the stops to prevent jobs from fleeing their states. Many governors now recognize that a fair and predictable legal climate is just as critical as a favorable tax climate and an educated workforce when it comes to luring (or just keeping) jobs to their states. By blocking worker comp and legal reform, Oklahoma trial layers are sending the message to business and the country that they’re more interested in preserving lawsuits than in preserving jobs.
Taking A Stand Against Trial Lawyer Greed In Oklahoma
February 19, 2009
The Oklahoma House of Representatives took the first step toward reining in obscene trial lawyer fees by approving legislation to cap the trial bar’s rake at 33.3% on the first $1 million and 20% on the rest, a reduction from the current “limit” of 50%. That means a theoretical plaintiff winning a $5 million judgment or settlement would be awarded at least $3.8 – a wealth shift of about $1.4 million from trial lawyers to plaintiffs. If the bill passes the Senate, it will go to the people of Oklahoma for a vote.
Update in Oklahoma
June 19, 2008
Oklahoma’s business magazine, The Journal Record, has an article outlining the debate over how the state should choose its judges.
Oklahoma
June 13, 2008
The Tulsa Beacon has a strong editorial taking Oklahoma lawmakers to task for failing to enact legal reforms. Money quote:
Where is [Tulsa] Mayor Kathy Taylor’s political courage? Where is her attempt to broaden the economic base by insisting that Oklahoma reform its legal and workers’ compensation system? Are we just going to be bypassed again by others? The good question should be was Oklahoma even considered by Toyota for the auto plant [that went to Mississippi after tort refom]?
Oklahoma At A Competitive Disadvantage
May 19, 2008
Fair and Biased, the blog run by Steve Fair, reports today on the trial bar’s success at not only blocking tort reform in Oklahoma, but worker’s comp reform, as well.
Two major issues that were not resolved this legislature session were tort reform and workers comp reform. Interrelated, they are two issues opposed by the powerful trial lawyer lobby….Once again Oklahoma is placed at a competitive disadvantage vs. surrounding states in recruiting business and industry and new jobs to the state because Democrats want to appease the powerful trial lawyer lobby.
But Fair also gives us a glimmer of hope:
With the distinct likelihood of Republicans taking over the State Senate in November, all I can say is- Wait till next year!
Broken Promises Set Back Tort Reform in Oklahoma
May 19, 2008
Despite campaigning on promises to fix Oklahoma’s tort system, Gov. Brad Henry has again broken his vow to curb frivolous lawsuits. Last week, the Oklahoma House voted 55-42 to override Henry’s veto – but fell 13 votes short of the necessary 2/3rds.
William Pitts of the Journal Record reviews the history of Gov. Henry’s broken tort reform promises.