¶1 Plaintiffs/Appellants International Union of Police Associations, Local No. 24, and Tommy Harrell (collectively, Union) seek review of the trial court's order granting the motion to dismiss of Defendant/Appellee City of Lawton (City) in Union's action for a declaratory judgment to determine its right, under the Oklahoma Open Records Act (ORA), 51 O.S. §§24A.1, et seq., to inspect the prelimi... More...   $0 (10-16-2009 - OK)

¶1 Defendant, Volkswagen of America. Inc. (VW), appeals the trial court's certification of a class action. The question to be decided is whether the trial court abused its discretion in granting class action status. We hold that it did not and affirm.

FACTS

¶2 Plaintiffs, Rajina Hess and Kelly Parsons, each own a Jetta automobile manufactured and/or sold by VW. Each vehicle was pur... More...   $0 (10-16-2009 - OK)

¶1 In this case we are asked to determine whether the trial court exceeded its jurisdiction and abused its discretion when it entered a temporary injunction against the State of Oklahoma, by and through the Oklahoma Tax Commission (OTC). The Plaintiff is Feather Smoke Shops, LLC, (Feather) an Oklahoma limited liability company with its principal place of business located in Osage County, Oklahoma... More...   $0 (10-01-2009 - OK)

¶1 The first impression issue in this case is whether a certified nurse aide's photocopying a resident's medication record and releasing it to the Equal Employment Opportunity Commission (EEOC) requires the Oklahoma State Health Department (the Department) to make a finding of misappropriation of a resident's property and place the finding on the Oklahoma Nurse Aide Registry pursuant to title 42,... More...   $0 (09-15-2009 - OK)

¶1 Traci R. Rowe (Mother) and Michael B. Rowe (Father) were divorced in 1998. They had one minor child, born December 18, 1996. In 2002 a shared parenting plan was entered into, with both parents having decision-making authority. On October 29, 2003, Donelle H. Ratheal was appointed as the guardian ad litem for the minor child. The order of appointment vested the guardian ad litem with the powers... More...   $0 (09-22-2009 - OK)

¶1 The issue presented for decision is whether all intangible property is exempt from taxation or just the intangible property set forth in Okla. Const. art. 10, § 6A.1 The context in which this issue arises is the assessment of the property of Southwestern Bell Telephone Company by the State Board of Equalization for the years 2005, 2006 and 2007.2

¶2 Southwestern Bell's property is ass... More...   $0 (09-29-2009 - OK)

¶1 The central issue in this controversy is whether a municipality's authority to condemn property for economic redevelopment and blight removal is limited to special statutes expressly giving such authority, or in the alternative whether a municipality may condemn property for blight removal and economic development pursuant to a general power of eminent domain. In this controversy a municipalit... More...   $0 (06-29-2004 - OK)

¶1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 § 5 to suppor... More...   $0 (05-09-2009 - OK)

¶1 Plaintiff brought this action to recover delinquent installments which had accrued from defaulted sewer improvement district bonds and for other relief. The trial court sustained demurrers to the evidence interposed by separate defendants and plaintiff has appealed from this judgment.

¶2 No questions are presented as to legality of creation of the improvement district, assessment proce... More...   $0 (10-03-1967 - OK)

¶1 The above styled and numbered causes are consolidated for disposition by a single opinion.1 We granted certiorari to consider an issue of first impression: whether Oklahoma courts have jurisdiction over a private party's suit alleging violation of the Telecommunications Consumer Protection Act (TCPA), 47 U.S.C. §227 (2005).2

¶2 We join the almost unanimous pronouncements of extant fed... More...   $0 (05-26-2009 - OK)

Mid-Continent Casualty Company (“Mid-Continentâ€�) entered into two contracts for reinsurance with General Reinsurance Corporation (“GenReâ€�). After a dispute arose between the parties, Mid-Continent filed suit against GenRe in federal court. GenRe moved to compel arbitration under the Federal Arbitration Act (“FAAâ€�), 9 U.S.C. § 1 et seq. The district court denied the motion, finding (1)... More...   $0 (05-22-2009 - OK)

Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defend... More...   $0 (04-24-2009 - OK)

Plaintiff Christopher Yancey appeals from a district court order applying the Younger1 abstention doctrine in dismissing his lawsuit against defendant Stephen Bonner, an Oklahoma state court judge who presided over the contested adoption of Yancey’s biological child. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

Yancey, a member of the Muscogee (Creek) Indian Nation of Oklahom... More...   $0 (04-21-2009 - OK)

Plaintiff Nekia Anderson appeals the district court’s grant of summary judgment in favor of her former employer, Wintco, Inc., doing business as Sonic Drive-In-Huntsville, Inc., (Sonic), in her case alleging a sexually hostile work environment and retaliation in violation of Title VII of the Civil Rights Act of 1964. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

M... More...   $0 (02-24-2009 - OK)

¶1 Respondent/Appellant Aftab Ahmed Khan (Father) appeals from a judgment terminating his parental rights to A.K. due to incarceration. We hold that the record does not include clear and convincing evidence supporting termination in this case and reverse.

¶2 A.K. was six years old when she and her older half-sister were removed from their mother's home because of physical abuse in Septemb... More...   $0 (11-26-2008 - OK)

1 This matter arises from a fatal collision between a passenger car and a truck on a two-lane highway. Plaintiff Beverly Snyder, in her capacity as the mother of Terri LeAnn Stout, deceased, and the personal representative of her daughter's estate, appealed from the judgment on the jury's verdict in favor of Defendant Maldonado Onefre Dominguez, the driver of the truck. Having previously granted c... More...   $0 (06-14-2008 - OK)

Larry Parker appeals from the district court's orders granting summary judgment in favor of defendants. Mr. Parker's complaint arises out of the termination of his employment as chief of police for the defendant Town of Chelsea. He asserted claims for due process violations, government infringement on his liberty interest, breach of contract, and intentional and/or negligent infliction of emo... More...   $0 (02-05-2008 - OK)

2 Appellant is ... More...   $0 (02-07-2008 - OK)

1 Robin Cobb a/k/a Robin Stephens (Mother) appeals a trial court order terminating her parental rights to the minor Indian children who are the subjects of this action, J.S. and M.C. The termination order was based on Mother's failure to correct the conditions which led to the children's deprived adjudication and their placement in foster care with the Department of Human Services (DHS) for 15 of ... More...   $0 (02-07-2008 - OK)

Larry Parker appeals from the district court's orders granting summary judgment in favor of defendants. Mr. Parker's complaint arises out of the termination of his employment as chief of police for the defendant Town of Chelsea. He asserted claims for due process violations, government infringement on his liberty interest, breach of contract, and intentional and/or negligent infliction of emo... More...   $0 (02-05-2008 - OK)

1 Plaintiff Dianna Craft has appealed from the district court's order granting summary judgment to Defendants Graebel-Oklahoma Movers, Inc., and Central City Mobile Services, Inc., in her lawsuit for damages arising from personal injuries.1 Plaintiff was injured in a motor vehicle accident that occurred in the course of her employment with Graebel's subcontractor, Propack, Inc. Graebel was Plai... More...   $0 (10-16-2007 - OK)

1 The issue in this accelerated matter is whether the trial court abused its discretion in applying Rule 4e of the Rules for the District Courts to modify child custody, based on a change of circumstances, without the requisite evidence of (1) a permanent, material, and substantial change of circumstances that (2) directly and substantially impacts adversely the best interests of the child and ... More...   $0 (11-06-2007 - OK)

1 The issue presented is whether respite/certified foster parents should have been allowed to participate in a proceeding to remove a child from their home. We hold that 10 O.S. Supp. 2002 §72081 does not divest the trial court of its duty to determine the child's best interests in a removal proceeding. Under the facts presented, a proper determination of the child's best interest requires th... More...   $0 (11-13-2007 - OK)

Boyd Rosene and Associates, Inc., appeals an award of attorney's fees granted to Kansas Municipal Gas Agency and the City of Winfield, Kansas. Rosene argues on appeal that under Oklahoma choice-of-law principles, Kansas law applies and the grant of attorney's fees to the defendants pursuant to Oklahoma Statute § 936 was inappropriate. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this c... More...   $0 (09-17-2007 - OK)

Defendant-Appellant Dr. Mike Crutcher, sued in his official capacity as the Commissioner of Health (hereinafter referred to as "Oklahoma State Department of Health ('OSDH')") appeals a district court judgment that a state law barring recognition of adoptions by same-sex couples already finalized in another state is unconstitutional. OSDH also appeals the district court's order requiring it to... More...   $0 (08-07-2007 - OK)

On May 4, 2002, Krystle Rogers was killed and her passengers--James Brad Dooley, Tiffany Harper, and Anna Christine Harper--were injured when her vehicle collided with one driven by Randall Albright, III, who was intoxicated. Dan and Sherri Rogers (Krystle's parents and the personal representatives of her estate) and the passengers (collectively, Plaintiffs) filed suit on February 12, 2004, in ... More...   $0 (06-30-2007 - OK)

1 This case concerns the valuation of 45.5 miles of pipeline in Seminole County for ad valorem taxation in 2003. There is no dispute the pipeline is subject to ad valorem taxation in 2003 on the basis of its fair cash value as of January 1, 2003. The controversy between the owner of the pipeline, Cimmarron Transportation, L.L.C., and the Seminole County Assessor is how the fair cash value of th... More...   $0 (09-12-2006 - OK)

Ms. Green was employed at Canadian County's Juvenile Justice Center as a drug-lab technician and detention officer. Her primary duties were in th... More...   $0 (01-04-2007 - OK)

1 A single dispositive issue is presented on appeal: whether the affidavit of merit1 requirement of 63 O.S. Supp. 2003 §1-1708.1E2 is constitutional. We determine that the statute is an unconstitutional special law prohibited by the Oklahoma Constitution art. 5, §46.3 Furthermore, we hold that the requirement that a medical malpractice claimant obtain a professional's opinion that the cause is mer... More...   $0 (12-22-2006 - OK)

1 The issue in this matter is whether the trial court's determination, that the natural parents willfully failed to contribute to the support of their deprived child, is supported by clear and convincing evidence. This Court holds that the evidence that the natural parents' non-support was willful does not rise to the level of "clear and convincing." Therefore, the opinion of the Court of Civil... More...   $0 (10-24-2006 - OK)

1 Mortgage Electronic Registration Systems, Inc. (MERS) brought an in rem action July 30, 2002, to foreclose the mortgage on a house located in Oklahoma City. MERS attempted personal service on Mark Crutchfield, as record owner, by certified mail, return receipt requested, with the "restricted delivery" fee paid (but not stamped "restricted delivery") and sent to a Brooklyn, New York address. T... More...   $0 (07-20-2006 - OK)

1 Plaintiffs, David F. Binder, Edward A. Dauer, Roger W. Haines Jr., Ann M. Haralambie, Michael B. Mushlin, Sheldon H. Nahmod, James T. O'Reilly, Daniel W. Shuman, Frank F. Skillern, Harold Weinstock, and Robert P. Wilkins, are authors of law-related books and computer software.1 They each entered publishing contracts with Shepard's Inc., a subsidiary of The McGraw-Hill Companies, Inc. Shepard'... More...   $0 (03-18-2006 - OK)

Plaintiffs are employees of the City of Altus, Oklahoma (City). They appeal the district court's grant of summary judgment dismissing all their claims against the City, the City Administrator, and the Street Commissioner (collectively referred to as Defendants). All claims arise out of the City's English-only policy for its employees. Asserting claims of both disparate-impact and disparate-trea... More...   $0 (01-12-2006 - OK)

2 Randle and Janell Duncan (plaintiffs or Duncans), residents of Canadian County, are former clients of Julie Bates (Bates), of the law firm of Postic and Bates (defendants, firm or ... More...   $0 (12-13-2005 - OK)

1 Title 11 U.S.C.A. �5541 of the United States Bankruptcy Code governs abandonment of bankruptcy estate property. It allows the court to order the trustee to abandon any estate property that is burdensome or of inconsequential value and benefit to the estate.2 When an asset has been abandoned by the trustee, it is no longer part of the bankruptcy estate. It reverts to its pre-bankru... More...   $0 (06-16-2005 - OK)

FACTS ... More...   $0 (04-01-2004 - OK)

1 The trial court granted summary judgment to defendants/appellees, Walter Thomas and Rebecca Lucille McCracken, husband and wife (hereafter defendants), in regard to plaintiffs'/appellants', Theodore D. and Lori A. Head, husband and wife (hereafter plaintiffs), claim to damages, attorney fees and costs under the Nonjudicial Marketable Title Procedures Act (NMTPA), 12 O. S. 2001, § 1141.1-1141.... More...   $0 (11-09-2004 - OK)

1 We granted certiorari to determine: 1) whether a judicially developed exception to the Federal and Oklahoma Indian Child Welfare Acts ---- known as the "existing Indian family exception" ---- remains viable; and 2) whether evidence of the refusal to support the mother during the pregnancy is sufficient to warrant adoption without the father's consent under 10 O.S. 2001 §7505-4.2.1 Even where ... More...   $0 (12-07-2004 - OK)

1 In this action alleging "toxic contamination" of the Plaintiffs' Twyman dairy farm by oilfield operations under the control of Appellants/Counter-Appellees, GHK Corporation (GHK) and Mobil Oil Corporation (Mobil), GHK and Mobil appeal from trial court judgment in favor of Appellees/Counter-Appellants Floyd, Joyce and Alan Twyman (hereafter collectively Twymans). Twymans counter-appeal from th... More...   $0 (06-17-2004 - OK)

1 The issue for us in this case is the present and the future of products liability litigation in Oklahoma. Much we do in this case may set the pattern of such litigation in Oklahoma and may determine whether this young, vigorous and progressive State shall now meet the challenge of the mass advertising of today, its hypnosis, and the pace and flow of the economics of the late twentieth century... More...   $0 (04-23-1974 - OK)