WASHINGTON–The Oklahoma Legislature completed work onlegislation yesterday tightening laws governing lawsuits filed inthe state and restricting awards for pain and suffering.

The American Insurance Association issued a statement laudingthe legislature's action, calling the package “landmark” and addingthat it was likely to encourage economic development in thestate.

“These significant reforms will help restore balance andfairness to the civil justice system in Oklahoma and attract newbusiness and jobs to the state,” said John Marlow, AIA assistantvice president, Southwest region.

The bill now heads to Democratic Gov. Brad Henry for signature.The Oklahoma Senate passed the bill, S.B. 507, 25-22, Thursday. TheOklahoma House voted out the amendment from the original bill onApril 17 by a vote of 57-39.

Among its provisions, the bill:

oCaps non-economic damages at an inflation-adjusted maximum of$300,000 unless the jury finds “by clear and convincing evidencethat the defendant was grossly negligent, or acted intentionally orwith malice.”

oRequires a conscious decision by a potential class actionmember to include himself/herself in the class.

oRequires that if the plaintiff is using an expert witness toprove liability, the plaintiff must file a written opinion of theexpert within 60 days of filing the lawsuit showing why the expertbelieves that liability exists.

oSets out the rules for testimony by lay witnesses and experts.The provision was said to be aimed against the introduction ofso-called “junk science.”

oRestricts the assessment of prejudgment interest until threeyears following the filing of a lawsuit.

oCaps appeals bonds at $25 million, with the appeals cap forindividuals or small businesses (less than 250 employees) set at $1million.

oRequires that in a professional liability action, the jury mayonly award punitive damages if they find “by clear and convincingevidence” that the defendant has been guilty of intentional orgross negligence.

Other provisions include eliminating damages for joint andseveral liability; and allowing for the admission of evidence thatshows the plaintiff received compensation for the harm that gaverise to the cause of action, and requires that such sum be deductedfrom the amount of damages awarded.