Adams v. Cent. States Health & Life Co. of Omaha

Full title: ELIZABETH E. ADAMS, Plaintiff, v. CENTRAL STATES HEALTH & LIFE CO. OF…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Date published: Apr 30, 2020

Case No. CIV-20-68-F (W.D. Okla. Apr. 30, 2020)

Opinion

Case No. CIV-20-68-F

04-30-2020

ELIZABETH E. ADAMS, Plaintiff, v. CENTRAL STATES HEALTH & LIFE CO. OF OMAHA, a Mutual Legal Reserve Company, Defendant.

STEPHEN P. FRIOT UNITED STATES DISTRICT JUDGE

ORDER

On April 29, 2020, defendant filed Defendant's Notice of Constitutional Question (doc. no. 20), wherein defendant gives notice, pursuant to Rule 5.1, Fed. R. Civ. P., that in its answer to plaintiff's complaint, it is challenging the constitutionality of Oklahoma's punitive damages statute, 23 O.S. 2011 § 9.1. Defendant asserts that the punitive damages statute violates the Due Process Clause of the Fourteenth Amendment and does not comply with the standards and limitations set forth by the United States Supreme Court in BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (2003) and their progeny.

As the constitutionality of 23 O.S. 2011 § 9.1 has been challenged in this action, and the State of Oklahoma is not a party to this action, the court concludes that 28 U.S.C. § 2403(b) and Rule 5.1(b), Fed. R. Civ. P., require certification of the question to the Oklahoma State Attorney General. See, Oklahoma ex rel Edmondson v. Pope, 516 F.3d 1214 (10^th Cir. 2008) (remanding where notice not given to United States Attorney General of constitutional challenge to federal statute).

Accordingly, the court hereby CERTIFIES to the Oklahoma State Attorney General that the constitutionality of Oklahoma's punitive damages statute, 23 O.S. 2011 § 9.1, is being challenged in this action.

The Oklahoma State Attorney General is GRANTED leave to intervene in this action only for purposes of presenting evidence and argument on the constitutional question raised by defendant. The Oklahoma State Attorney General may intervene within sixty days from April 29, 2020, the date of the filing of Defendant's Notice of Constitutional Question.¹

1 Rule 5.1 (c), Fed. R. Civ. P., provides in pertinent part:

Unless the court sets a later time, the attorney general may intervene within 60 days after the notice if filed or after the court certifies the challenge, whichever is earlier.

The clerk is DIRECTED to provide to the Oklahoma State Attorney General a copy of this order, along with copies of plaintiff's complaint (doc. no. 1), defendant's answer (doc. no. 11), and the parties' joint status report (doc. no. 21).

IT IS SO ORDERED this 30^th day of April, 2020.

/s/_________

STEPHEN P. FRIOT

UNITED STATES DISTRICT JUDGE 20-0068p004.docx