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 […]
Retroactive Application of Statutes Read More »
“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
Whatever Happened to Our Old Friend Joint and Several? Read More »
By Dave Roberts About the author: At the time of his death, Dave had tried over 100 civil cases in 21 various Oklahoma State District Courts. He also tried over 25 civil cases in various Federal District Courts, and tried thousands of cases at the Oklahoma Workers’ Compensation Court. Dave was past chairman of the
The New Administrative Workers’ Compensation System Read More »
