Sat, Oct 11 2008
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Published May 19, 2008 05:24 pm - Frivolous lawsuits will only end when judges begin dismissing them or when juries stop awarding ridiculous awards. Better way to reform Gov. Brad Henry did the right thing this month in vetoing a lawsuit reform bill that would have required people to obtain certificates of merit from experts before filing professional malpractice lawsuits.
Henry said he objected to the bill because he thought it couldn’t pass judicial muster. Two years ago, the state Supreme Court overturned a similar measure involving only medical malpractice. The latest attempt at ending frivolous lawsuits was broader, including suits filed against physicians, attorneys and accountants. A vote last week by the state House fell short of overriding the governor’s veto, and Republicans blamed Democrats, saying Democrats were protecting trial lawyers. Partisan politics is the hue and cry today from lawmaking bodies when they can’t get anything accomplished. However, lawmakers proposing this bill doomed it by requiring the certificate of merit. No one should have to come up with $500 to $12,000, the estimated cost of a certificate of merit, to file a lawsuit. Access to justice should not depend on having money. That’s not the way to prevent frivolous lawsuits. It’s only a guarantee that only the wealthy have recourse in court. Frivolous lawsuits will only end when judges begin dismissing them or when juries stop awarding ridiculous awards. 
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