Motion to Clarify Damages - Section 2009(H)
In a case filed before the Nov. 1, 2009 tort reform went into effect, defendant wants to remove to federal court and has filed a Motion to Clarify Damages pursuant to 12 O.S. 2009(H) which was part of the new tort reform package. Does this section even apply to cases filed before Nov. 1, 2009?
Answer: The statute doesn’t specify, which leaves you to the cases, which are not always consistent. If the change is substantive, it should not be applied retrospectively. If it is procedural, it does.
Posted on Sat, May 15, 2010
by Sharon Coleman filed under