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Oklahoma Supreme Court

Case Status

Decided

Docket Number

114,301

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Oklahoma Supreme Court strikes down the state’s statutory cap on non-economic damages

April 23, 2019

Click here to view the opinion.

U.S.Chamber files amicus brief

June 06, 2016

The U.S. Chamber and the Oklahoma Chamber filed an amicus brief urging the Oklahoma Supreme Court to uphold a legislative cap on noneconomic damages for personal injury cases. Plaintiffs challenged the cap as unconstitutional, arguing, among other things, that the cap unconstitutionally usurps the role of juries and improperly limits the remedies available to plaintiffs. According to the amicus brief, the legislation is a permissible exercise of the Oklahoma legislature’s authority to establish standards of proof and to alter substantive rights because, among other reasons, the Oklahoma legislature’s rational purpose for the noneconomic damages cap was to preserve the state as attractive to business interests. The brief argues that noneconomic damages are often unpredictable and excessive, but that damages caps such as this help mitigate those concerns and protect the due process rights of defendants.

V. Glenn Coffee and Denise K. Lawson of Glenn Coffee & Associates, PLLC served as co-counsel for the amici.

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