Expert Questions Special Session Fix
Will certificate of merit hold up to the state constitution?
By Graham Lee Brewer gbrewer@opubco.com
Gov. Mary Fallin signed into law Tuesday all 23 lawsuit reform bills approved by the Oklahoma Legislature in special session, restoring civil justice changes that had been thrown out by the state Supreme Court.
The most controversial of those bills returns the requirement that a third-party expert approve the merits of certain cases before they can be heard in court.
Legal experts questioned whether this measure would stand up to challenge.
“This bill appears to repeat that discrimination problem, imposing additional barriers to sue only on plaintiffs who would require an expert witness at trial,” said Joseph Thai, a law professor at the University of Oklahoma. “One has to wonder whether a special session of the state Legislature to pass a law that will likely be struck down is worth the cost to taxpayers.”
Fallin called the Legislature into special session at a cost of $30,000 a day, saying it was important for the state’s economy and medical professionals to quickly restore laws intended to cut down on frivolous lawsuits. The Legislature’s regular session begins in February.