Day: October 22, 2020

Retroactive Application of Statutes

The “default” rule on retroactive application of statutes is that statutes apply prospectively only. If the statue creates, enlarges or diminishes vested or contractual rights then it applies prospectively absent clear legislative intent. Statutes that are merely procedural can be applied retroactively and can apply to pending actions or procedures. Article 5 section 54 of …

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Joint and Several Liability

Whatever Happened to Our Old Friend Joint and Several?

“Whatever Happened to Our Old Friend Joint and Several?” I get that question every once in a while, so let’s address it. Many years ago (before the Legislature intervened), Oklahoma common law followed the rule of “joint and several liability,” which the courts sometimes called the “entire liability rule.” Under that rule, when a plaintiff …

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