Home -> Law Blog Directory -> Personal Injury Law Blogs -> Drug and Device Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Drug and Device LawTort Reform in Oklahoma and Ysbrand
By James M. Beck and Mark Herrmann
Even the ALI's Principles of the Law of Aggregate Litigation, hardly a conservative source, characterize Ysbrand as an "outlier" case on this point. PLAL §2.06, Reporters' Notes to comment c.
So we wondered if the recent tort reform addressed Ysbrand. Unfortunately, the posts we read, while tantalizing, didn't say specifically. So we went looking for a copy of the new legislation (called House Bill 1603) itself to see for ourselves. We think we've found it, here (although we're not 100% sure this is the as-passed version - if you know better, please tell us). Lo and behold, the legislation does address multi-state class actions ? by prohibiting them in §23(g):
G. CLASS MEMBERSHIP LIMITATIONS. Class membership shall be limited only to individuals who are:1. Residents of this state; or
2. Nonresidents of Oklahoma who:
a. own property located in this state, and
b. the property is relevant to the class action.
It doesn't deal with the choice of law question directly, but the prohibition on participation by non-residents in Oklahoma class actions achieves the same result. So unless declared unconstitutional, it looks like Ysbrand-based multi-state class actions are history in Oklahoma.
There's lots more interesting stuff in the bill, such as a ten-year statute of repose, certificates of merit in all tort cases, no appeal bonds for punitive damages, interlocutory appeals of class action determinations, frivolous lawsuit provisions, adoption of federal expert witness standards, consumer protection changes (no personal injuries and a reliance requirement), damages caps (both punitive and compensatory), compliance/approval barring punitive damages, and restrictions on asbestos litigation, but correcting the Ysbrand problem was something we're interested in and we hadn't seen specifically discussed.
Full post as published by Drug and Device Law on May 29, 2009 (boomark / email).
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.
Oklahoma Bacterial Outbreak
One Person Dead, 14 Hospitalized
Religious Decorations
Oklahoma City to pay attorney fees in religious freedom violations lawsuit.
Soliris Patent
Alexion Pharmaceuticals Inc. agrees to pay the Oklahoma Medical Research Foundation a $10 million patent infringement settlement.

Tort Reform Efforts Continue in Oklahoma
Oklahoma Tort Reform: An Unfounded and Misguided Attack on Injury Accident Victims
More on Oklahoma Tort Reform Proposal
Bad Faith As The Key To Tort Reform
OK Tort Reform Compromise Forged
OK Gov. Henry Signs Tort Reform Compromise








