News Release
04/26/2007
AG Calls for SB507 Veto
Attorney General Drew Edmondson called upon Governor Brad Henry to veto Senate Bill 507, which makes massive changes in the way lawsuits are tried in court. Commonly called the “tort reform” bill, Edmondson said the parts of the bill pertaining to actions by the state are not reform at all and would severely hamper the state in its litigation.
“While the state is often a defendant in civil cases, and we welcome reform efforts in many regards, it is important to remember that the state is sometimes a plaintiff,” Edmondson said. “Our ability to pursue actions on behalf of the state or the people of the state will be severely crippled if this bill becomes law.
“The provisions requiring expert affidavits within 60 days of filing a petition would have made the tobacco litigation and the current poultry litigation impossible,” Edmondson said. “Likewise, it would make similar efforts to protect Grand Lake, Wister, Broken Bow or any of the other watersheds virtually impossible.”
Another problematic change affects how judgements are recovered. Three years ago, when the legislature passed a tort reform bill, the provision on joint and several liability exempted actions by the state. That exemption is removed in the current bill.
“I cannot for the life of me,” said Edmondson, “figure out why the state would want to limit its own ability to recover damages when the state has been harmed. When the state is a victim and is pursuing defendants to recoup losses it should not have to face roadblocks of its own making.”
Edmondson said he was also concerned about provisions pertaining to appeal bonds and prejudgment interest. Both of those provisions, according to Edmondson, would make litigation more lengthy and expensive for the state.
“If prejudgment interest does not begin for 36 months after filing, the incentive for early settlements or early litigation is reduced,” Edmondson said. “That is a three year time-out on any penalty for delay. Also, limiting the amount of appeal bonds artificially to amounts that may bear no relation to the judgment being appealed adds not only time to the litigation but also uncertainty as to whether, at the end of the appeal road, there will be sufficient monies to satisfy the judgment.”
Edmondson pointed out that, in addition to the poultry lawsuit, the state has been involved in a great variety of civil litigation.
“We sued big tobacco and have recovered more than one-half of one billion dollars for the state thus far. We have had recoveries for Oklahoma from major pharmaceutical companies, financial corporations, the music industry, sweepstakes companies and many others. These lawsuits have never been frivolous. Our ability to protect Oklahoma and its people in the future will be severely hampered if this bill becomes law,” said Edmondson.
“The Governor should veto it.”