¶1 Petitioner/Appellant Jeffrey Taylor appeals the trial court's order affirming the Oklahoma Police Pension and Retirement Board's denial of his application for a disability benefit. The Board found competent evidence to rebut a statutory presumption that Taylor's disability was incurred while performing his job. After reviewing the facts and the law, we reverse and remand with instructions.1More...   $0 (10-16-2009 - OK)

¶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 In this condemnation action, the State of Oklahoma ex rel. Department of Transportation (ODOT) appeals the trial court's May 29, 2008, Journal Entry of Judgment, granting attorney fees, appraisal fees, engineering fees, and costs to the appellee landowner, Gary Minor (Minor).1 Minor requests attorney fees for this appeal. After reviewing the facts and applicable law, we affirm and remand for f... More...   $0 (10-16-2009 - OK)

Defendant New Horizons Inc. (New Horizons) operated nine long-term-care facilities for mentally retarded adults in Oklahoma, and four in Texas, known as Intensive Care Facilities for the Mentally Retarded (ICF/MR).1 It employed Sara Lacy as a case manager and Qualified Mental Retardation Professional from June 1999 to June 2004. After New Horizons terminated her employment, she brought this action... More...   $0 (10-09-2009 - 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 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)

In a dispute over water rights, six plaintiffs—four water districts, a nonprofit corporation, and a private nursery—sued several defendants, including defendants-appellees Grand River Dam Authority (“GRDAâ€�), the United States, and the United States Army Corps of Engineers. The district court dismissed GRDA on Eleventh Amendment immunity grounds and the federal defendants on sovereign immun... More...   $0 (08-24-2009 - OK)

Defendant A. Passmore & Sons, Inc. (“APSIâ€�) appeals from a jury verdict awarding damages in the amount of $200,000 to its former employee, plaintiff Patrick A. Turner.1 Mr. Turner cross-appeals, asking us to reverse the district court’s decision denying his post-judgment motion for attorneys’ fees, costs, and prejudgment interest. Exercising jurisdiction over these appeals under 28 U.S.C. ... More...   $0 (08-04-2009 - OK)

¶1 Plaintiff/Appellant Okmulgee County Rural Water District No. 2 (Okmulgee) seeks review of the trial court's order granting the motion for partial summary judgment of Defendant/Appellee Beggs Public Works Authority, a public trust (Beggs). In this accelerated review proceeding, Okmulgee complains the trial court erred in holding Beggs' violation of the Oklahoma Open Meeting Act (OMA), 25 O.S. Â... More...   $0 (11-30-1999 - OK)

Tammy A. Harjo appeals from a judgment of the district court affirming the Commissioner’s denial of her application for Social Security disability benefits and supplemental security income payments. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), we affirm.

I. Background

Ms. Harjo claims she has been disabled since January 2003 due to a combination of impai... More...   $0 (07-11-2009 - OK)

¶1 Arturo Ruiz and Regina Primeaux appeal from the district court's "Order Finding State Met Due Process Requirements For Notice, To Not Consider Potential Claimant's Jose Arturo Ruiz And Regina Primeaux Answer Because Filed Out Of Time, And Reinstating The Final Agreed Order Forfeiting In Part And Remitting In Part" entered in a civil forfeiture proceeding.1 Based on our review of the record on ... More...   $0 (06-11-2009 - OK)

¶1 One question is presented in this appeal: Is the state district court a court of competent jurisdiction as used in the gaming compact between the Choctaw Nation of Oklahoma and the State of Oklahoma such that the district court may exercise jurisdiction over this Indian-country arising negligence action filed by a casino patron against the Choctaw tribe and its casino? We answer in the affirma... More...   $0 (06-30-2009 - OK)

Defendants-Counter-Claimants-Appellants—Robert L. Stone, Cynthia A. Stone, Robert Stone, M.D., and The Children’s Fund (referred to collectively as the Stones)—appeal the district court’s judgment in favor of the Plaintiffs- Counter-Defendants-Appellees, David Kinnard, Roger Kinnard, Mark Reinitz, and Plaintiff-Appellee Springfield Holding Co. (referred to collectively as the Kinnards, giv... More...   $0 (06-08-2009 - OK)

Plaintiff-Appellant, the United Keetoowah Band of Cherokee Indians of Oklahoma (“UKBâ€�), is challenging a final agency action by the United States Department of Housing and Urban Development (“HUDâ€�) which drastically reduced the federal funding that the UKB received for housing under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ 4101-424... More...   $0 (06-05-2009 - OK)

Plaintiff-appellant Sharri Staples appeals from an order of the district court affirming the Commissioner’s decision denying her application for Social Security disability and Supplemental Security Income benefits (SSI). Ms. Staples filed for these benefits on January 27, 2006. She alleged disability based on back and leg problems. The agency denied her applications initially and on reconsiderat... More...   $0 (05-22-2009 - OK)

This is an interlocutory appeal of the district court’s denial of a motion for a preliminary injunction. See Okla. ex rel. Edmondson v. Tyson Foods, Inc., No. 05-CV-329-GKF-SAJ, 2008 WL 4453098, at *1, *3 (N.D. Okla. Sept. 29, 2008).

The motion arose out of a 2005 complaint filed by Plaintiffs-Appellants (collectively referred to as Oklahoma) against Defendants-Appellees (collectively r... More...   $0 (05-13-2009 - OK)

Plaintiff Norma A. Wofford was injured in a traffic accident while riding as a passenger in a minivan that collided with a tractor-trailer driven by defendant Jamie Bonilla. A jury found that Mr. Bonilla was not negligent, and the district court entered judgment in his favor. Ms. Wofford appeals, arguing that the district court improperly instructed the jury on passenger negligence. We have jurisd... More...   $0 (05-04-2009 - 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)

This is an appeal from a final decision of the Secretary of Health and Human Services (Secretary), affirming a civil money penalty against Cox Retirement Properties, Inc., d/b/a The Cottage Extended Care (the Cottage), for noncompliance with certain Medicare regulations governing skilled-nursing facilities. We have jurisdiction under 42 U.S.C. § 1320a-7a(e), and we affirm.

The Cottage is a... More...   $0 (04-17-2009 - OK)

¶1 Defendant/Appellants, Rex Urice (Urice) and Bancfirst, seek review of the trial court's judgment in favor of Plaintiff/Appellee, Patricia Bowers Edwards (Edwards), individually and as next friend of her son, Robert Drew Bowers (Drew), on Edwards' claims to set aside for undue influence amendments her mother, Eloise Cooper Bowers (Bowers), made to The Eloise Cooper Bowers 1991 Trust (Bowers 199... More...   $0 (02-27-2009 - OK)

¶1 The United States District Court for the Northern District of Oklahoma, pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1606, certified the question:

Does the appointment of a general guardian withdraw all of the assets from the estate of a ward subject to a durable power of attorney, such that the person holding power of attorney is without... More...   $0 (04-07-2009 - OK)

Claimant Carolyn L. Lauxman appeals from the district court’s order affirming the Commissioner’s denial of disability insurance benefits and supplemental security income. We have jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, and we affirm.

Ms. Lauxman alleged she became disabled on September 30, 2001, due to bilateral carpal tunnel syndrome, osteoarthritis of her left wr... More...   $0 (04-15-2009 - OK)

Stacy and Keith Fuqua appeal from the district court’s decision granting summary judgment in favor of Lindsey Management Co., Inc. We affirm.

I. Background

The Fuquas filed an action against Lindsey, alleging that Lindsey violated the Oklahoma Residential Landlord and Tenant Act (ORLTA) and the Oklahoma Consumer Protection Act (OCPA), and breached the implied covenant of good faith... More...   $0 (03-31-2009 - OK)

Appellants Larry and Lennelle Pinson brought this action under the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 - 1681x, against Appellees Equifax Credit Information Services, LLC; CSC Credit Services; Experian Information Solutions, Inc.; Trans Union, LLC, (collectively, “consumer reporting agenciesâ€� or “CRAsâ€�); Capital One Services, Inc.; Capital One Bank FSB (collectively, “C... More...   $0 (03-10-2009 - OK)

A number of Oklahoma businesses forbid their employees from bringing firearms onto company property. In March 2004, the Oklahoma legislature amended its laws to narrow the reach of such company policies. These new laws hold employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property. Various Oklahoma businesses subsequently filed suit seeking ... More...   $0 (02-18-2009 - OK)

Rajeanna Dixon, an investigative assistant for the Oklahoma Board of Veterinary and Medical Examiners (“OBVMEâ€�), lost her job partly because she discussed OBVME’s investigation of a dogfighting ring with a member of the veterinarian trade association. She brought a § 1983 action against OBVME and her supervisor, Cathy Kirkpatrick, alleging that she had been fired in violation of her constit... More...   $0 (01-08-2009 - OK)

Defendant Insurance Companies engaged the services of Plaintiff Randy Combs as an insurance sales agent. Plaintiff sued Defendants pursuant to Oklahoma law, alleging various contract and tort claims related to his agency contract. The district court granted summary judgment for Plaintiff on his claims for breach of contract and breach of the implied covenant of good faith and fair dealing. See Fed... More...   $0 (12-22-2008 - OK)

The Hartford Life Insurance Company (Hartford) terminated Geral R. Brown’s long term disability benefits. He sued Hartford under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132 (ERISA). The district court upheld Hartford’s termination of his benefits. He appeals. We reverse and remand for further proceedings.

BACKGROUND

FedEx Freight East, Inc. (FedEx) empl... More...   $0 (12-05-2008 - OK)

¶1 Appellant RPHS, Inc. (RPHS), whose business is to provide its clients with registered pharmacists on an "as-needed" basis, seeks review of a district court order affirming the decision of the Oklahoma Employment Security Commission (Commission). The Commission determined that RPHS's "relief pharmacists" were employees, not independent contractors, and assessed additional taxes, penalty and int... More...   $0 (11-26-2008 - OK)

Plaintiff-Appellant Ira Thomas was fired from his job as building code inspector for the City of Blanchard, Oklahoma, after he discovered in the City Clerk’s office a signed and completed certificate of occupancy for a home constructed by a local builder — who is also the mayor — although Mr. Thomas had not yet made the final inspection of the home or approved issuance of the certificate. Su... More...   $0 (12-03-2008 - ok)

¶1 On February 14, 1984, Plaintiff, Shelley Denise Hodge, now Wissinger, [Wife] and Defendant, Scott Wylie Hodge, [Husband] were married. On May 1, 1985, Husband enlisted in the U.S. Air Force. On June 22, 1998, they were divorced by a consent decree.1 Among other things, the decree awarded Wife "one-half Defendant's retirement pay from the military." Neither party appealed the decree.

¶2... More...   $0 (11-06-2008 - OK)

¶1 Appellant, Titus Eapen, filed a petition alleging race and national origin discrimination under a public policy tort theory against Appellee, Dallas McMillan, in violation of 25 O.S. 2001 §§1101, et seq., a Burk-tort, and a claim for tortious interference. McMillan filed a motion to dismiss, which the trial court granted with prejudice and without leave to amend.1 Eapen seeks review of the t... More...   $0 (11-06-2008 - OK)

¶1 Plaintiffs brought an action pursuant to the Oklahoma Governmental Tort Claims Act, against the Oklahoma County Court Clerk (Clerk), alleging negligent maintenance of court files that led to the issuance of a warrant for his arrest, and against Oklahoma County, by and through the Board of County Commissioners, for Oklahoma County (Board), as Clerk's employer. The trial court granted summary ju... More...   $0 (11-10-2008 - OK)

The plaintiff-appellee, Tarrant Regional Water District (“TRWDâ€�), is a Texas agency responsible for supplying public water to the northern part of the state. The defendants-appellants are the nine members of the Oklahoma Water Resources Board (“OWRBâ€�), the Oklahoma agency responsible for issuing permits for the appropriation, sale, and use of Oklahoma water. TRWD filed suit in federal dist... More...   $0 (10-31-2008 - OK)

¶1 Appellant, Oklahoma Employment Security Commission (hereafter Commission), appeals from the trial court's orders [a] reversing the order of Commission's Assessment Board, and [b] awarding attorney fees and costs to Appellee, Snider Bros., L.L.C. (hereafter Snider Bros.).

ISSUE BEFORE COMMISSION

¶2 While there is some limited factual controversy, the pivotal question before us is... More...   $0 (10-02-2008 - OK)

¶1 Plaintiffs/Appellants Hirsch Holdings, L.L.C., et al. (individually, by name, or collectively, Hirsch or Plaintiffs), seek review of the trial court's orders denying their motion to vacate an arbitrator's award for Defendants/Appellees Hannagan-Tobey, L.L.C., et al. (individually, by name, or collectively, Hannagan or Defendants), and granting Defendants' motion to confirm the arbitrator's dec... More...   $0 (10-02-2008 - OK)

¶1 This cause concerns a dispute over title to a home owned since March 12, 1981, by the appellant, Dolla Garcia, also known as Dolla Moore (landowner). The appellee, Ted Parks, Inc. (Parks) asserts an interest in the property by virtue of his Certificate of Tax Deed. The legitimacy of Park's interest in the property is contingent on: 1) whether the Oklahoma County Treasurer's October 6, 2003, ta... More...   $0 (10-07-2008 - OK)

¶1 Plaintiff, Ann Hays, appeals the trial court's order sustaining a motion to enforce a settlement agreement filed by Defendants, Monticello Retirement Estates and Edmond Realty Development Company. Because there are material questions of fact in dispute, we reverse and remand for further proceedings.

FACTS

¶2 In 2003, Plaintiff sued Defendants regarding an employment agreemen... More...   $0 (09-05-2008 - OK)

Colonel Eric A. Hanson, who had been removed from the Oklahoma Army National Guard, filed suit against Major General Harry M. Wyatt III in his official capacity as Adjutant General for the State of Oklahoma, seeking reinstatement to his former position plus back pay and retirement points. His claim arises from an alleged violation by a selective retention board (SRB) of a federal regulation govern... More...   $0 (09-11-2008 - OK)