Full story in The Journal Record

By Sen. Casey Murdock

Oklahoma prides itself on a spirit of entrepreneurship, resilience, and common sense. Yet, lurking beneath our vibrant economy is a drain on every consumer: the pervasive issue of lawsuit abuse, fueled by the aggressive advertising of so-called “billboard attorneys.” While these firms promise justice, their high-volume, often speculative litigation tactics inflict significant economic harm on all Oklahomans, leading to higher prices, fewer jobs, and a less stable business environment.

The civil justice system is vital for a functioning society, providing an avenue for redress when genuine wrongs occur. However, it is susceptible to imbalance. When the system generates exorbitant damages or an inflated number of awards, associated costs rise. Oklahoma consumers and workers ultimately bear these escalating costs through higher prices, reduced income, and lost job opportunities.

The economic impact of excessive litigation isn’t speculation; it’s a documented burden. Independent analysis by The Perryman Group, an economic research firm, reveals current annual losses from excess tort costs in Oklahoma are more than $3.7 billion in gross product and almost 32,300 jobs. Looking further back, between 2020 and 2023, these costs led to an estimated loss in gross product of nearly $14.9 billion and a staggering 128,500 job-years. This isn’t just abstract economic data; it translates directly into tangible hardships for Oklahoma families.

A significant contributing factor to these effects is the 2019 removal of caps on noneconomic damages. Previously, limits existed on awards for pain, suffering, and emotional distress. The Perryman Group estimates that cumulative losses between 2020 and 2023 associated with eliminating the caps totaled almost $2.7 billion in gross product and 20,330 job-years. Removing the caps opened the door to subjective, often inflated damage claims, creating a clear imbalance in the civil justice system.

Fortunately, recent legislative action has begun to address this imbalance. In July 2025, Oklahoma enacted new laws to reform the state’s civil justice system. One key change re-establishes a $500,000 cap on noneconomic damages, with an adjustment for inflation, thereby restoring a measure of predictability. Another reform targets third-party litigation financing, requiring disclosure of funding agreements in discovery to ensure transparency and prevent foreign adversaries from funding lawsuits to undermine businesses.

The proliferation of “billboard attorneys” and their relentless advertising campaigns has only exacerbated the problem. These firms employ broad, often misleading tactics to recruit clients, painting a picture of easy riches. This aggressive solicitation encourages a “sue first” mentality, overwhelming courts and increasing the cost of doing business.

The costs of these lawsuits, regardless of their merit, are ultimately passed down to consumers. Businesses facing higher litigation expenses must raise prices on their goods and services to maintain profitability. As a result, every time an Oklahoman buys groceries, fuels their car, or pays for a service, a hidden tax is levied – the cost of lawsuit abuse.

While these recent reforms are an excellent step forward, more must be done. It’s time for Oklahomans to recognize that an unchecked system driven by profit-motivated litigation is detrimental to our overall prosperity. We need further sensible reforms that protect access to justice for legitimate claims while curbing the abuse that drains our economy. Our focus should be on creating an environment where businesses can thrive, jobs can be created, and the cost of living remains affordable for all.

Casey Murdock is state senator for Oklahoma Senate District 27.