AG Drummond files suit to protect Oklahomans’ genetic information

Drummond files suit to protect Oklahomans’ genetic information

OKLAHOMA CITY (June 16, 2025) – Attorney General Gentner Drummond has filed a federal lawsuit to block genetic testing company 23andMe from selling the private DNA information of 15 million customers without their permission. He joined attorneys general from 27 other states in the legal challenge, arguing that the company's plan to auction off customers' genetic data as part of its bankruptcy proceedings violates consumer protection laws. 

Small: Who’s funding lawsuits in Oklahoma?

Who’s funding lawsuits in Oklahoma?

by Jonathan Small

Everyone pays the cost of abusive tort lawsuits. The average cost of tort litigation to each Oklahoma family is $2,930, according to a report by the U.S. Chamber Institute for Legal Reform.

One rapidly growing kind of lawsuit is “mass torts,” where plaintiffs’ lawyers claim that thousands of customers have been harmed. The strategy is to file as many cases as possible and flood the zone against the defendant business—and to overwhelm the courts. This provides frivolous cases cover, and it creates abusive pressure on defendants to settle.

Small: Time to fix court’s mistake on damage cap

Time to fix court’s mistake on damage cap

By Jonathan Small

This month, Gov. Kevin Stitt appointed a new Oklahoma Supreme Court justice, filling a position vacated when Oklahoma voters ousted longtime liberal incumbent Justice Yvonne Kauger last November.

Kauger was the first Oklahoma Supreme Court justice removed by voters in state history. That action came amidst growing voter dissatisfaction with the court’s increasingly liberal bent in recent years.

Among the most notable examples of that trend is a bizarre 2019 ruling striking down the state’s $350,000 cap on vague noneconomic-damages awards in lawsuits. Under that law, Oklahomans could sue for unlimited actual damages, such as lost wages, medical expenses, and lifelong costs from an injury. The bill simply capped the noneconomic-damages portion of lawsuits, an area notorious for “jackpot” justice awards that can far outpace economic reason.

Yet the Oklahoma Supreme Court struck down that law, declaring it a “special law” since the cap applied in cases “where the plaintiff survives the injury-causing event, while persons who die from the injury-causing event face no such limitation.” (The Oklahoma Constitution prohibits capping noneconomic damages in cases involving death.)

The plaintiff in that case reportedly received $9.7 million in payment for an on-the-job accident but wanted millions more in “noneconomic” damages as well.

The negative impact of the court’s activist ruling has been significant.

In July 2019, a few months after the Oklahoma Supreme Court’s ruling, the American Tort Reform Foundation ranked Oklahoma among the nation’s 10 worst “judicial hellholes.” The Oklahoma Supreme Court’s decision on noneconomic caps was one factor cited.

“The Economic and Fiscal Impact of Excessive Tort Costs on Oklahoma,” a study commissioned by the State Chamber Research Foundation and conducted by the Perryman Group, found that excessive tort costs have translated into the loss of $3.7 billion in state gross product each year and almost 32,000 jobs in Oklahoma.

The study estimated the share of state economic losses tied to the Oklahoma Supreme Court’s 2019 decision totaled nearly $2.7 billion in gross product from 2020 to 2023.

However, only one sitting justice remains who was among the majority that struck down the cap in 2019. A new court may look more favorably on the idea. Lawmakers should reinstate the cap, which is sensible and commonly used nationwide.

Eight other states have caps on broad noneconomic damages, while 26 states cap noneconomic damages in medical-malpractice cases. Furthermore, those laws typically exempt cases involving reckless disregard for the rights of others, gross negligence, fraud, or intentional or malicious conduct.

It’s time for Oklahoma to again cap noneconomic damages. Those injured as the result of others’ action would still have access to full financial restoration, but the cap would provide financial certainty for businesses and encourage more investment in Oklahoma.

That’s a win-win for everyone.

Jonathan Small serves as president of the Oklahoma Council of Public Affairs.

Small: State court targets oil industry

State court targets oil industry

By Jonathan Small

Oklahomans are justifiably concerned about judicial activism. Even “minor” rulings can have major consequences. A recent Oklahoma Supreme Court decision falls into that category.

Thanks to the court’s ruling, an untold number of contracts have been nullified and countless state businesses left with daunting potential legal liability. Oklahoma companies operating in the oil and gas industry may be among those hardest hit.

When companies use subcontractors, it is common to have an indemnity contract that protects the contracting company from being sued for alleged wrongdoing done by a subcontractor.

But in Knox v. Oklahoma Gas and Electric Co., the Oklahoma Supreme Court invalidated an indemnity contract.

Attorney Stephen Jones joins Supreme Court effort against Corp. Commish Hiett

Attorney Stephen Jones Joins Supreme Court Effort Against OCC’s Todd Hiett

OKLAHOMA CITY (Oct. 28th) – Three Oklahoma lawmakers say that legal legend Stephen Jones will argue on behalf of their petition against Corporation Commissioner Todd Hiett, according to a notice filed at the Oklahoma Supreme Court on Friday. 

Small: ESG lawsuit highlights major issues

ESG lawsuit highlights major issues

By Jonathan Small

In 2022, Oklahoma lawmakers passed the “Energy Discrimination Elimination Act” (EDEA), which requires the state treasurer to identify firms that embrace “Environmental Social Governance” (ESG) policies. Those pro-ESG firms are barred from receiving state contracts, including management of state pension funds.

Opponents of the law have pushed back and obtained an injunction preventing its enforcement.

But an unrelated class-action lawsuit targeting American Airlines’ use of pro-ESG firms to manage its employees’ pensions shows some retired workers agree with Oklahoma lawmakers.

McAfee & Taft, Paycom increases lawfare against Oklahoma conservatives

McAfee & Taft, Paycom increases lawfare against Oklahoma conservatives

OKLAHOMA CITY (May 23, 2024)—More than four years after Paycom’s lawsuit against the Oklahoma Council of Public Affairs was originally filed, Paycom’s attorneys at the McAfee & Taft law firm have just now realized they want to take more depositions in the case.

Attorneys with McAfee & Taft have filed a motion requesting depositions from three staff members at OCPA and one OCPA board member. One of the OCPA staff members that McAfee & Taft lawyers want to depose did not even work for OCPA four years ago when Paycom first filed its lawsuit.

LtGov Pinnell decries OK Supreme Court's pro-abortion actions

In the below statement, Oklahoma Lieutenant Governor Matt Pinnell decries the latest pro-abortion actions by Oklahoma's Supreme Court (read here and here for more detail).

My statement on the temporary injunctions placed yesterday by the Oklahoma Supreme Court. pic.twitter.com/aRgPtfHfnt

— Lt. Governor Matt Pinnell (@LtGovPinnell) November 15, 2023

AG Drummond sues over Catholic charter school, draws ire from Stitt and Walters

This is from the 20th, but it's newsworthy enough to go ahead and post despite being "old news" at this point. Attorney General Gentner Drummond is once again lining up against Governor Kevin Stitt and State Superintendent Ryan Walters, this time over the Oklahoma Statewide Virtual Charter School Board's approval of a Catholic public charter school, which is touted (or decried, depending on the perspective) as the first publicly funded religious charter school in the nation.

Drummond thinks the approval violates the state and federal constitutions, while Stitt and Walters disagree and think it would instead violate religious liberty to deny the charter.

OCPA to engage in court effort protecting child sex-change surgery ban

OCPA to engage in court effort protecting child sex-change surgery ban

OKLAHOMA CITY (May 2, 2023)—Oklahoma Council of Public Affairs President Jonathan Small announced today that OCPA will be organizing a coalition of groups and individuals for the purpose of defending a new state law that prevents children from undergoing sex-reassignment surgeries, cross-sex hormones, or puberty blockers before age 18.

Small: OSU embracing worrisome policies

OSU embracing worrisome policies

By Jonathan Small

There’s a reason the phrase, “It’ll never happen here,” is often filed under the category of “famous last words.”

Those who have assumed campus radicalism is concentrated in coastal universities or, in a worse-case scenario, at one particular state college, are now learning otherwise.

Oklahoma joins multistate coalition fight to end Facebook's monopoly

Oklahoma Joins Multistate Coalition in Continuing Fight to End Facebook's Illegal Monopoly

OKLAHOMA CITY - Oklahoma Attorney General John O’Connor today joined a bipartisan coalition of 48 attorneys general from around the nation in continuing to fight to end Facebook’s illegal efforts to stifle competition and protect its monopoly power. Today, the coalition — led by New York Attorney General Letitia James — filed an appeal brief arguing that the district court’s ruling dismissing the states’ case was in error. The coalition argues that the court was wrong to dismiss their case as time-barred, and made additional legal and factual errors. Over the last decade, Facebook, now known as Meta, illegally acquired competitors in a predatory manner and cut or conditioned services to smaller threats — depriving users of the benefits of competition and reducing privacy protections and services along the way — all in an effort to boost its bottom line through increased advertising revenue.

“We are asking the U.S. Court of Appeals for the D.C. Circuit to allow this lawsuit to proceed to hold Facebook accountable for its anticompetitive conduct and to ensure that Oklahomans have a choice in the marketplace,” said Attorney General John O’Connor.

In December 2020, the coalition filed a lawsuit in the U.S. District Court for the District of Columbia to stop Facebook’s anticompetitive conduct. The company filed a motion to dismiss, which was granted by the court last summer. Today’s appeal to the U.S. Court of Appeals for the D.C. Circuit asks the court to allow the coalition of attorneys general to move forward with their suit.

Oklahoma joins 23 states in demanding Biden drop vaccine mandate or face legal action

Attorney General O’Connor and 23 Other State Attorneys General Demand President Biden Drop Vaccine Mandate or Risk Legal Action

Washington, D.C. - Attorney General O’Connor and 23 other state attorneys general sent a letter to President Biden today, warning that litigation will follow the implementation of the proposed mandate on private sector employees to either get a COVID-19 shot, submit to weekly testing, or be fired. The coalition of AGs outlined their legal and policy concerns with the mandate, which will be carried out through an Occupational Safety and Health Act emergency temporary standard.

“Federal overreach has been a consistent problem, and President Biden has now taken it to the next level,” Attorney General O’Connor said. “Biden’s national vaccine mandates are a clear abuse of power, and if he doesn’t change course, me and my attorneys general colleagues are prepared to sue to defend the rights of Oklahomans.”

History has shown that the judicial branch is highly skeptical of the use of OSHA emergency temporary standards because of concerns about state sovereignty and the separation of powers. Further, the AGs raise concerns about the expansion of a federal regulatory agency and public perception of the order’s constitutionality.

The coalition of AGs goes beyond legal arguments to address practical policy considerations of such a sweeping order. Most concerning is the potential to drive individuals out of the workforce, particularly healthcare workers, who are most needed right now to fight the pandemic. Additionally, this mandate ignores the tens of millions of Americans with natural immunity and will drive further skepticism of vaccines.

More Health Department woes: Attorney General suing to get money back from bad orders

In the panic of the early months of the COVID-19 pandemic, the State of Oklahoma seems to have made a series of bad purchase decisions, two of which have resulted in the Attorney General being forced to sue to get the state's money back.

Back in January, AG Mike Hunter filed a petition in district court for over $1.8 million over a personal protective equipment order that a company never delivered to the Oklahoma Department of Health. The Attorney General's press release notes that said company "was formed on March 23, the same day the first purchase order was made by the Department of Health." That should have set off alarm bells, but we are talking the Oklahoma Department of Health: they don't have a good financial track record.

The latest lawsuit is in regard to an order of nearly $900,000 for 40 ventilators in April 2020, of which only two were delivered by June. The order was canceled in October, but a portion of the original order was finally delivered in December. What a mess.

Attorney General Hunter Sues Distribution Company for Not Delivering Ventilators

OKLAHOMA CITY (April 13th) – Attorney General Mike Hunter has filed a lawsuit against A&K Distributors for failing to deliver an order of ventilators to the Oklahoma State Department of Health at the onset of the Coronavirus pandemic.

In the lawsuit, the state claims the Oklahoma State Department of Health paid over $890,000 for 40 ventilators last April. The company had only delivered two ventilators by June 2020. 

Despite canceling the order in October, the company had 21 ventilators delivered in December. The Oklahoma State Department of Health returned the wrongfully delivered ventilators but has not received a refund.

OK Attorney General joins brief in support of Texas lawsuit over presidential election results

Attorney General Hunter Joins Brief in Support of Texas Lawsuit

OKLAHOMA CITY – Attorney General Mike Hunter today signed on to a brief in support of the Texas attorney general’s lawsuit against the states of Pennsylvania, Georgia, Michigan and Wisconsin, challenging the 2020 election results in those states.

In his lawsuit, Texas Attorney General Ken Paxton claims these states are in violation of the Electors Clause and the Fourteenth Amendment of the U.S. Constitution and asks the U.S. Supreme Court to require the states to hold a special election or select a new set of electors for their electoral college votes.

“I am firmly committed to election security, which is why we have already been involved in numerous lawsuits to combat eleventh hour efforts to change state voting laws in states across the country,” Attorney General Hunter said. “I regret that the U.S. Supreme Court is the only forum available to resolve the many legitimate concerns regarding state elections. That is why I am joining the amicus brief in support of the Texas case, to encourage the highest court in the land to thoughtfully consider and address the matters presented.”

In addition to Oklahoma, the brief was signed by 16 other attorneys general.

“The allegations in the Bill of Complaint raise important constitutional issues under the Electors Clause,” attorneys general write. “They also raise serious concerns relating to election integrity and public confidence in elections. These are questions of great public importance that warrant this Court’s attention. The Court should grant the Plaintiff’s Motion for Leave to File Bill of Complaint.”

Shane Jett files lawsuit after being fired following opposition to Shawnee mask mandate

Senate Candidate Jett Comments on Lawsuit Against Chairman of Citizen Potawatomi Nation: 

Lawsuit was filed in response to Jett’s firing due to his opposition to COVID19 mask mandate. 

On August 10, Shane Jett, candidate for state senate district 17, filed an emergency injunction in the District Court of the Citizen Potawatomi Nation against John “Rocky” Barrett in his official capacity as Chairman of the Citizen Potawatomi Nation for illegally trying to fire Jett for exercising his constitutional rights of free speech.

In response to the filing Jett said,

“Last month, I attended a meeting of the Shawnee City Commission to express my opposition to a proposed mask ordinance for the City of Shawnee [you can watch Jett's comments at this link, starting at the 16:00 mark].  This massive government overreach was opposed by most citizens and I wanted to be sure that their voice was heard at the meeting. Therefore, as a private citizen on my private time, I exercised my Constitutional right to free speech and spoke in opposition to the mask mandate.

Bill passes State Senate allowing wrongful death suits in certain abortion cases

Senate approves Unborn Person Wrongful Death Act

(March 5th, Oklahoma City) The Senate approved the Unborn Person Wrongful Death Act Thursday to address the pain and suffering of family members of babies whose lives are ended through abortion.  Sen. David Bullard, R-Durant, is the author of Senate Bill 1728, which modifies provisions relating to awarding damages resulting from wrongful death in cases of abortions performed under fraudulent circumstances.

The bill authorizes parents and grandparents to recover damages relating to mental pain, anguish and pecuniary loss and holds the physician who performs the abortion fraudulently solely liable for the wrongful death.

Bullard said the bill has been a long time coming and thanked his colleagues for supporting the rights of Oklahoma’s families and remembering the innocent lives lost.

“With the passage of Senate Bill 1728, the Senate has taken a bold step in guaranteeing Oklahoma families their constitutional right to seek recourse through legal civil action to protect heir families from wrongful death.  Our federal and state constitutions as well as codified statutes guarantee every Oklahoma the right to civil recourse of wrongful death,” Bullard said.  “This bill will finally add the forgotten family members to this guaranteed protection and bring justice for the multitude of wronged families across the state.  I want to thank my colleagues for their support in voting for this overdue protection that our citizens have long been deprived.”         

The bill outlines under which circumstances a wrongful suit may be filed. It also states that if some or all of the provisions of the measure are permanently or temporarily restrained by a court order, the remaining provisions will be enforced.   

During his debate, Bullard cited that the Justice Foundation has found that up to 69 percent of abortions in the U.S. are performed without legal consent.  Their findings show that these mothers are persuaded to go through with abortions through illegal coercion including being lied to about the age or health of their babies or about the safety of the actual procedure.  Many mothers are drugged prior to actually agreeing to the procedure thinking they are only getting examined but wake up to realize the procedure is complete. 

Last month, Bullard welcomed two victims of illegal coercion that led to the deaths of their unborn children and left one unable to have any more children.

According to the Centers for Disease Control and Prevention (CDC), more than 623,000 abortions were performed in 2016.  There were nearly 200 abortions for every 1,000 live births that year. 

SB 1728, which passed 37-9, will now be sent to the House for further consideration.

House committee passes bill to bring transparency on state lawsuits

O’Donnell Passes Bill  to Bring Greater Transparency on State Lawsuits

OKLAHOMA CITY – State Rep. Terry O’Donnell (R-Catoosa) yesterday saw advancement of a bill that would bring greater transparency to the process by which the state hires and pays for outside attorneys or legal agencies to represent its interests.

House Bill 3390 would require the state to make available to the public a list of attorneys and firms furnishing legal services along with a schedule of fees paid. The bill also caps the fees the state would pay to $1,000 per hour or a scale from 2% to 15% depending on the amount recovered from $20 million to less than $10 million with the state payment not to exceed $10 million. Any case that is believed to cost more than $1 million will need to be first submitted to the Legislative Oversight Committee overseeing the Legislative Office of Fiscal Transparency (LOFT).

The bill passed in the House Judiciary Committee by a vote of 15-0.

“The goal of this measure is to bring transparency to state lawsuits,” O’Donnell said. “A more transparent bidding process is good for everybody in the state.”

HB 3390 also specifies that past or present relationships between legal counsel and the state be disclosed when contracts are proposed and that the reasons for hiring outside counsel be explained to the public. The bill further requires that before entering into a contract for legal representation with private attorneys or firms, an official of the executive branch must receive proposals for three qualified private attorneys or firms with the contract being based on the most economical and the service judged to be in the best interest of the state.

O’Donnell said the bill is still a work in progress and may see further amendments before it is brought to the House floor.

AG Hunter celebrates after judge issues $572M judgment in opioid trial

Attorney General Hunter Celebrates Major Victor for the State after Judge Balkman Issues $572 Million Judgment in Opioid Trial

 Johnson & Johnson held liable for harm caused to Oklahomans, fueling opioid epidemic

NORMAN, OKLA.  – Attorney General Mike Hunter today commended Cleveland County District Judge Thad Balkman for ruling in the state’s favor and ordering Johnson & Johnson and its subsidiaries to pay $572 million to abate the ongoing opioid epidemic in Oklahoma.

The judge’s ruling is the first of its kind in the country to find an opioid manufacturer liable for the harm caused from the opioid crisis in the United States.

“Today is a major victory for the state of Oklahoma, the nation and everyone who has lost a loved one because of an opioid overdose,” Attorney General Hunter said. “Judge Balkman has affirmed our position that Johnson & Johnson maliciously and diabolically created the opioid epidemic in our state. Our evidence convincingly showed that this company did not just lie and mislead, they colluded with other companies in route to the deadliest manmade epidemic our nation has ever seen. When deaths and sales of the drugs began to skyrocket in tandem, the company repeatedly ignored the problem and built its billion dollar brand out of greed and on the backs of the pain and suffering of Oklahomans.

“It is my hope that this judgment will provide some solace to the thousands of families, who have tragically lost a loved one due to an opioid overdose. It should also inspire a sense of optimism in those still struggling with an opioid addiction because we remain committed to abating the crisis, thus bringing about a brighter future for those suffering and our state.

“Additionally, I continue to be grateful for the talented team of attorneys who worked on this case. It took tremendous courage to take this case on. These are attorneys who have suffered greatly not just during this case with substantial time away from their families and forgoing taking on other cases, but many on this team have also lost loved ones to an addiction to these deadly drugs. They know firsthand the anguish of burying a family member, who they first had to watch spiral into despair.

“Finally, just as we have said at different stages of the case when Johnson & Johnson pulled out all the stops to try to derail or stall the case, we appreciate Judge Balkman’s wisdom and openness. He saw through the company’s desperate acts to delay justice for Oklahomans.”

To read Judge Balkman’s judgment, click here.

According to the U.S. Centers for Disease Control and Prevention there have been nearly 400,000 overdose deaths in the United States between 1999 and 2017. Evidence presented by the state during trial showed that since 2000 approximately 6,000 Oklahomans died from an opioid overdose, while thousands more are still struggling with addiction.

Through evidence presented at trial, the state successfully showed during this time period that Oklahoma doctors were targeted over 150,000 times by Johnson & Johnson sales representatives. The sales representatives aggressively marketed and bombarded doctors with pseudoscience and misleading information that downplayed the risks of opioids, leading to the public nuisance. As a result, when opioid sales in Oklahoma began to skyrocket, the death toll from unintentional prescription drug-related overdoses mounted, leaving behind broken homes, families and communities.

Senate President calls out OSC’s use of ‘special law’ to strike down workers’ comp provision

Senate leadership calls out Supreme Court’s use of ‘special law’ to strike down workers’ comp provision

OKLAHOMA CITY – Senate President Pro Tem Greg Treat criticized the Oklahoma Supreme Court’s use of the “special law” provision of the Oklahoma Constitution to strike down the non-economic damages cap of landmark lawsuit reform laws.

“It’s not surprising the Oklahoma Supreme Court struck down a lawsuit reform provision under the auspices of it being a ‘special law.’ The Supreme Court has previously demonstrated its dislike of lawsuit reform, and when the court doesn’t like a law they fall back to their old standby of using ‘special law’ or ‘single-subject rule’ to throw out constitutionally sound bills. If the Supreme Court can’t apply these standards in a consistent basis, then perhaps the Legislature should look at remedies that would bring uniformity to the application of these important provisions of the state constitution,” said Treat, R-Oklahoma City.

The court continues to go outside its constitutional lane of interpreting the law, said Senator Julie Daniels, the chair of the Senate Judiciary Committee.

“The courts are intended to be independent arbiters of the constitutionality of legislation, but you cannot fault Oklahomans for questioning that independence when the court haphazardly uses ‘special law’ and ‘single-subject rule’ to strike down laws the court does not like. This is an issue that merits further study by members of the Legislature,” said Daniels, R-Bartlesville.