Quarter 2, 2025: Tort Reform in Oklahoma Changes Litigation Landscape
By: Intern Sara Sadeghi
The Oklahoma legislature was busy this session, particularly by pushing through multiple bills with the intent of enacting changes in the Oklahoma civil justice system aiming to reduce liability exposure or limit damages available to plaintiffs in tort lawsuits. These bills, each of which were signed into law, are as follows:
SB632 (Business Courts): Business courts are now a reality in Oklahoma. A “business court” is a specialized division within the judicial system that handles complex commercial and corporate disputes. It is designed to provide faster and more efficient resolution of business-related cases by judges with experience in business law. SB632 officially created new business courts in Oklahoma and Tulsa County. Initial versions of the bill called for exclusive jurisdiction in business courts if matters met certain criteria, but (due likely to constitutional-challenge concerns) the enacted version made inclusion optional. The filing fee for a case in the business court is $1,500, considerably higher than a matter before the district court. Non-jury business court matters must proceed to bench trial within 12-months except if the parties can show good cause for an extension. The law takes effect Sept. 1, 2025 but docketing into the business courts will not begin until January 1, 2026. Opponents of business courts filed a lawsuit with the Oklahoma Supreme Court (MA-123,222) on June 26, 2025 seeking to find the new specialized court unconstitutional. It is too early to tell how the Supreme Court will react.
HB2619 (Foreign Litigation Funding Prevention Act): Third-party litigation funding (“TPLF”) is a financial arrangement where an outside party unaffiliated with the lawsuit provides financial backing to a plaintiff (or a law firm) to cover legal expenses in exchange for a portion of the final recovery. TPLF is a controversial topic because it raises a concern of conflicts of interest and may give the financiers undue influence over litigation strategy or settlement decisions. Supporters, on the other hand, argue it promotes access to justice by enabling claimants to pursue valid claims that they otherwise would not be able to afford. TPLF is more prevalent than many would surmise. Recent statistics by Zion Market Research suggest that “U.S. litigation funding investment market size was evaluated at $5 billion in 2023 and is slated to hit $10 billion by the end of 2032…” HB2619 aims to increase transparency of outside funding sources within Oklahoma civil cases by requiring parties to reveal in discovery if an outside source is funding a lawsuit. Further, a party must certify under oath to the court if a foreign state, agency or instrumentality is a source of funding for the case. HB2619 is effective November 1, 2025.
SB453 (Cap on Non-Economic Damages; “Oklahoma Expedited Actions Act”): In tort cases, a plaintiff is entitled to various types of damages including quantifiable damages (like medical bills) and non-quantifiable damages (like pain and suffering). Non-quantifiable damages are called “non-economic damages.” Since 2019, there has been no cap on non-economic damages based on a ruling by the Oklahoma Supreme Court. SB 452 restored this cap to $500,000 (and $1 million cap for certain permanent mental injuries). To avoid constitutional challenge, the new cap excluded cases involving fraud, intentional or malicious conduct, or where the injury is both permanent and severe (e.g., disfigurement). SB453 also amended Oklahoma’s civil procedure to create an expedited route to trial for cases with $250,000 or less in controversy. Called the Oklahoma Expedited Actions Act, the law shortens the discovery period to 180 days, limits parties to 20 hours of depositions, and limits the number of issuable written discovery requests. Trial procedure is also affected. Trial must begin within 90 days after discovery closes with no more than two trial continuances totaling 60 days. Each side is limited to 8-hours for its respective case in chief, including jury selection. Importantly, the term “side” does not mean each “party” or “litigant,” but rather 1+ litigants with a common interest. SB453 takes effect Sept. 1, 2025.
Contact Shareholder Spencer C. Pittman at spencer@wintersking.com with questions about these new bills and whether these changes will affect your business.