Mithun Mansinghani , Solicitor General, and Sarah A. Greenwalt , Assistant Solicitor General, Office of the Oklahoma Attorney General, Oklahoma City, Oklahoma, for the State of Oklahoma.
Amy Sherry Fischer , Foliart Huff Ottaway & Bottom, Oklahoma City, Oklahoma, and Mark Alan Behrens , pro hac vice, Shook, Hardy & Bacon L.L.P., Washington, D.C., for Amici Curiae, American Tort Reform Association, NFIB Small Business Legal Center, and Coalition for Litigation Justice, Inc.
Rex Travis and Paul Kouri , Travis Law Office, Oklahoma City, Oklahoma, and Simone Gosnell Fulmer , Fulmer Group PLLC, Oklahoma City, Oklahoma, for Amicus Curiae, Oklahoma Association for Justice.
Erin A. Renegar and Carline J. Lewis , Wiggins, Sewell & Ogletree, Oklahoma City, Oklahoma, for Amicus Curiae, Oklahoma Association of Defense Counsel.
V. Glenn Coffee and Denise K. Lawson , Glenn Coffee & Associates, PLLC, Oklahoma City, Oklahoma, for Amici Curiae, Oklahoma State Chamber of Commerce and Industry, Inc., and Chamber of Commerce of the United States of America.
REIF, J.
¶ 1 At issue is the constitutionality of a legislative enactment—23 O.S. 2011 § 61.2—that statutorily limits a plaintiff's recovery of noneconomic damages to $350,000 unless special findings are made. In this case, the trial court significantly reduced the jury's award based on its application of 23 O.S. 2011 §...
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