Full Story in Landline Media

By Keith Goble

Two new Oklahoma laws of interest to the trucking industry provide needed tort reform.

The Owner-Operator Independent Drivers Association advocates for reform to civil liability rules to reduce lawsuit abuse around the nation. OOIDA contends that plaintiff’s lawyers constantly grow more aggressive with theories and arguments, trying to reach into the pockets of truck drivers who often have little-to-no fault for an unfortunate incident.

Non-economic damages

Non-economic damages are the focus of the first new law.

Research from the Oklahoma State Chamber Research Foundation shows that excessive tort costs drain $3.79 billion in gross product and 32,000 jobs every year from the state’s economy.

The state’s predicament has worsened since the Oklahoma Supreme Court ruled in 2019 that a cap on non-economic damages was unconstitutional. Statute previously capped compensation for pain and suffering at $350,000 for many lawsuits.

Gov. Kevin Stitt signed into law a bill to reinstate the state’s cap on non-economic damages and make an adjustment for inflation to $500,000. Exceptions apply for cases that include wrongful death.

Also included in the new law that benefits the trucking industry is a provision that allows for oversight from judges regarding who can and cannot provide expert testimony.

The provision is touted to ensure that expert testimony admitted in courts is based on “sound science and proven methodology.”

Bill sponsors said reinstating the cap ensures “that runaway juries cannot impose unreasonable judgments against people who are economic drivers in Oklahoma.”

Supporters added that they believe the current state Supreme Court justices would rule in their favor for the change.

The new law takes effect on Sept. 1.

Third-party litigation financing

Another new law that benefits the trucking industry addresses third-party litigation financing.

The new rule is intended to strengthen legal protections for businesses and to ensure fairness in civil litigation.

Starting Nov. 1, state law will require disclosure of funding agreements upon request in discovery, including an affidavit certifying whether funds originate from a foreign state or entity.

Rep. Erick Harris, R-Edmond, helped lead the charge to get the bill through the statehouse.

Harris said the new rule is needed to strengthen the integrity of the state’s legal system and prohibit foreign adversaries from attempting to fund litigation that could undermine the fairness of courts.

Speaking at an Oklahoma Chamber event, Harris said the new law covers litigation weaponization. He cited instances where a company could decide to invest in a case that is against a competitor in an effort to help bankrupt the company.

“Knowing who is behind a lawsuit, a reasonable cap on subjective non-economic damages and a strong standard for expert testimony will restore fairness, reduce litigation abuse and make Oklahoma’s legal climate more consistent,” said Adam Maxey with the Oklahoma State Chamber.