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Oklahoma Assignment Law
 
Victor Dewayne Bryan v. Annette Bryan

¶1 Annette Bryan (Wife) appeals from an order of the trial court denying her request to delay granting her divorce from Victor Dewayne Bryan (Husband). The issue on appeal is whether the trial court abused its discretion or ruled against the clear weight of the evidence in denying Wife's request to delay ruling on the divorce until May 6, 2009, so that she could become eligible for "full medical,... More...   $0 (10-01-2009 - OK)

Jones v. State

¶1 Appellant Jared William Jones was tried by jury and convicted of three counts of First Degree Malice Murder (Counts I, II, and III) (21 O.S.2001, § 701.7(A)), and two counts of Shooting with Intent to Kill (Counts IV and V) (21 O.S.2001, § 652), Case No. CF-2003-2046, in the District Court of Oklahoma County. In Count I, the murder of Pamela Karr, the jury found the presence of one aggravati... More...   $0 (01-21-2009 - OK)

Renee Exendine Nettle v. Central Oklahoma American Indian Health Council, Inc. d/b/a The Oklahoma City Indian Clinic

Renee Nettle, a former employee of the Oklahoma City Indian Clinic (“the Clinic”), alleges that she was repeatedly harassed at work and fired when she complained about it. She filed a civil rights suit against the Clinic. The Clinic was granted summary judgment on all claims. Ms. Nettle appeals, and we affirm the judgment of the district court.

I. Facts

Ms. Nettle is a one-ha... More...
   $0 (07-01-2009 - OK)

Dorothy Griffith v. Choctaw Casino of Pocola, Oklahoma and the Choctaw Nation of Oklahoma

¶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)

Springfield Holding Company, Ltd., LLC, et al. v. Robert Stone, M.D., et al.

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)

Nekia Anderson v. Wintco, Inc., dba Sonic Drive-In Huntsville, Inc.

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)

Normandy Apartments, Ltd. v. U.S. Department of Housing and Urban Development, et al.

In 2007, the United States Department of Housing and Urban Development (“HUD”) terminated its contractual relationship with Normandy Apartments. Pursuant to this contract, Normandy had received financial subsidies for making housing available to low-income tenants who were qualified to receive assistance under the Section 8 federal housing program. Normandy sought injunctive and declaratory re... More...   $0 (02-11-2009 - OK)

RPHS, INC. v. ASSESSMENT BD. FOR THE OKLA. EMPLOYMENT SECURITY COM'N.

¶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)

DON EMBRY v. INNOVATIVE AFTERMARKET SYSTEMS L.P. a/k/a IAS L.P. f/k/a INNOVATIVE AFTERMARKET SYSTEMS, INC. f/k/a IAS INC., TWIN CITY FIRE INSURANCE COMPANY, and HARTFORD FIRE INSURANCE COMPANY

¶1 The trial court plaintiff, Don Embry (Embry) appeals two orders granting partial summary judgment to the defendants, Innovative Aftermarket Systems, L.P. a/k/a IAS L.P. f/k/a Innovative Aftermarket Systems, Inc. f/k/a IAS, Inc. (IAS), Twin City Fire Insurance Company (Twin City), and Hartford Fire Insurance Company (Hartford). These two rulings, together with Embry's dismissal of his remaining... More...   $0 (10-24-2008 - OK)

Hirsch Holdings, LLC v. Hannagan-Tobey, LLC

¶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)

Robert David Knight v. Johnny Miller, Timeline Recovery, LLC and Empire Fire and Marine Insurance Company

¶1 In 2004 the legislature deleted from our Declaratory Judgment Act, 12 O.S. 2001 §1651, a proscription of declarations of liability or nonliability for damages on account of alleged tortious injuries "concerning obligations alleged to arise under policies of insurance covering liability or indemnity against liability for such injuries." The question before us in this accelerated review is whet... More...   $0 (09-16-2008 - OK)

Robert David Knight v. Johnny Miller, Timeline Recovery, LLA and Empire Fire and Marine Insurance Company

¶1 In 2004 the legislature deleted from our Declaratory Judgment Act, 12 O.S. 2001 §1651, a proscription of declarations of liability or nonliability for damages on account of alleged tortious injuries "concerning obligations alleged to arise under policies of insurance covering liability or indemnity against liability for such injuries." The question before us in this accelerated review is whet... More...   $0 (09-16-2008 - OK)

Larry Weber v. GE Group Life Assurance Company

Defendant-Appellant General Electric Group Life Assurance Company (“GE”) appeals from a summary judgment order obligating it to pay death benefits to Plaintiff-Appellee Larry Weber, the widower of Shelley Clark Weber. GE, the administrator and fiduciary of group insurance plans available to the employees of Winner Communications, Inc. (“Winner”), including Mrs. Weber, argues that Mrs. Webe... More...   $0 (09-15-2008 - OK)

Eric A. Hanson v. Major General Harry M. Wyatt, III, etc.

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)

Michael A. Brady v. UBS Financial Services, Inc.; Greater Southwest Funding Corporation

Michael Brady brought suit against Greater Southwest Funding Corporation (“GSW”) and UBS Financial Services (“UBS”), which Brady contends is GSW’s alter ego, for payment on bonds issued by GSW. The district court dismissed Brady’s claims as time barred. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and holds that Brady acquired a right to sue on the Stated Maturity of his b... More...   $0 (09-01-2008 - OK)

Patrick J. Malloy, III, Trustee v. Wilserve Credit Union

Defendant-Appellant, WilServ Credit Union ("credit union"), appeals from an order and judgment of the Bankruptcy Appellate Panel ("BAP") affirming the judgment of the bankruptcy court. In re Harper, No. 06-076, 2007 WL 45918 (10th Cir. BAP Jan. 9, 2007). The bankruptcy court entered judgment in favor of Plaintiff-Appellee, Patrick J. Malloy, III, the chapter 7 trustee ("trustee"), avoidi... More...   $0 (01-24-2008 - OK)

DCR Fund I, LLC.v. TS Family Limited Partnership, et al.

In 2001 appellant Tal Technologies Inc. ("TTI") defaulted under the terms of a November 8, 1996, promissory note ("Note") in favor of appellee Bank One, N.A. ("Bank One"). Bank One subsequently sold the Note to appellee DCR Fund I, LLC ("DCR"). When TTI failed to comply with DCR's demands for payment, DCR filed this action seeking foreclosure of an associated mortgage and the enforcement... More...   $0 (01-24-2008 - OK)

Grand Lake Marina, Ltd., etc. v. Grand River Dan Authority

1 Grand Lake Marina, Ltd, d/b/a Marinas International, a/k/a Harbors View Marina (HVM) appeals a trial court order granting summary judgment in favor of the Grand Lake River Authority (GRDA) on HVM's petition seeking, inter alia, a declaratory judgment that its dock facilities comply with all state and federal rules, regulations, and orders applicable to HVM's commercial dock permit. Based on... More...   $0 (01-11-2008 - OK)

Janet C. Manning v. Michael J. Astrue

Janet C. Manning appeals the district court's denial of a Fed. R. Civ. P. 60 motion requesting that the court either set aside an administrative offset to an award of attorney's fees the court made to her under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), or, alternatively, amend the fee order to award the EAJA fees to her counsel. The very narrow issues before us on appea... More...   $0 (12-20-2007 - OK)

James L. Nichols v. Sharon K. Mautino

�1 Respondent/Appellant, Sharon K. Mautino, appeals from the district court's order appointing Petitioner/Appellee, James L. Nichols, as personal representative (PR) of the estates of Clarence F. Nichols and Mary L. Nichols (Decedents).

�2 The Decedents are the parents of Appellant and Appellee. During their lifetimes, Decedents created "The Nichols Family Revocable Trust ... More...   $0 (11-20-2007 - OK)

Dianna Craft and Compusource of Oklahoma v. Graebel-Oklahoma Movers, Inc. and Central City Mobile Services, Inc.

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)

Oklahoma Oncology & Hematology v. US Oncology, Inc.

1 The basic question in this appeal and the consolidated original action is whether the district court erred in sending all claims in this suit to arbitration. We find the district court erred in compelling arbitration and reverse the arbitration order. We remand this case to the district court with instructions.

I. The Proceedings Below

2 The following are basic facts gleaned from ... More...   $0 (03-15-2007 - OK)

BOSTON AVENUE MANAGEMENT, INC. v. ASSOCIATED RESOURCES, INC.

1 We decide in this case whether the Court of Civil Appeals (COCA), Division III erred in reversing a trial court order denying Defendant/Appellant, Associated Resources, Inc.'s (Associated) motion for attorney fees and costs against Plaintiff/Appellee, Boston Avenue Management, Inc. (Boston) and remanding for determination of an award of attorney fees to Associated. The COCA's decision relied ... More...   $0 (01-20-2007 - OK)

Weston v. Independent School District No. 35, Cherokee County

1 The school board of Tahlequah Public Schools dismissed career teacher Rocky Weston on grounds of instructional ineffectiveness and unsatisfactory teaching performance under the Teacher Due Process Act of 1990, 70 O.S. § 6-101 .20, et seq. Weston sought a trial de novo under the Act and, after hearing the evidence, the district court of Cherokee County, Judge David Nelson, ordered Weston reins... More...   $0 (08-07-2007 - OK)

Robert Showler and Johnny Davidson, individually and as special administrator of the Estate of Kyle Adam Brinlee v. Harper's Magzine Foundation, et al.

Plaintiffs-Appellants Robert Showler and Johnny Davidson filed this suit against Defendants-Appellees Harper's Magazine Foundation ("Harper's") and Peter Turnley, alleging they committed various torts when Mr. Turnley took photographs of Sergeant Kyle Brinlee's open casket at his funeral, and when Harper's published, promoted and sold the photographs. The district court granted summary judgment... More...   $0 (03-28-2007 - OK)

David Alan Cooper v. American Airlines, Inc.

Plaintiff David Alan Cooper appeals from the district court's entry of summary judgment in favor defendant American Airlines, Inc. (American). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Mr. Cooper started working for American in 1986 at its Tulsa, Oklahoma, maintenance base and describes himself as "a member of American's black minority work force." Aplt. Opening Br. at 1, ... More...   $0 (01-25-2007 - OK)

In the Matter of the Adoption of L.D.S., a minor child, Joseph Staton and Jennifer Staton v. Jason Shuler and Norma Jean Shuler

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)

Connie Randall v. Travelers Casualty & Surety Company, et al.

This case is before us following our certification of a dispositive but novel issue of state law to the Oklahoma Supreme Court. Connie Randall appealed the district court's grant of summary judgment in favor of Travelers Casualty & Surety Company ("Travelers") on her breach of contract and bad faith claims. We VACATE the grant of summary judgment on the breach of contract claim, AFFIRM on the b... More...   $0 (10-26-2006 - OK)

David Wei Pan v. Mark Bane and Marta Bane

1 The question before us in this accelerated review is whether, under these circumstances, plaintiffs' amendment to their petition adding a new party and a new theory of recovery after the expiration of the statute of limitations properly "relates back" under the provisions of 12 O.S. 2001, §2015(C), to the date the action was originally commenced. We find that it does and that the statute was ... More...   $0 (07-05-2006 - OK)

Glen H. Rodebush, et al. v. Oklahoma Nursing Homes, Ltd.

�1 The jury concluded that an intoxicated nurse's aide slapped an Alzheimer's patient in the face while bathing him, and awarded punitive damages in the sum of $1.2 million against the nursing home. The nursing home appeals. We affirm.

�2 The defendant's theories on appeal are these: (1) as employer it must not be held responsible for the intentional tort of its employee; (2... More...   $51200000 (12-14-1993 - OK)

Joyce A. Gilchrist v. Bill Citty, et al.

Former Oklahoma City Police Department forensic chemist Joyce A. Gilchrist sued the City of Oklahoma City and certain of its employees(1) under 42 U.S.C. § 1983. She alleged Defendants terminated her employment in retaliation for engaging in speech protected by the First Amendment, conspired to deprive her of constitutionally protected rights, defamed her, denied her procedural and substantive... More...   $0 (04-06-2006 - OK)

Mary Ann Lawler v. Quiktrip

Mary Ann Lawler, the plaintiff, was hired by QuikTrip Corporation as a part-time clerk in 1992, and she continued in that position until 1998, when she accepted a full-time position as a relief clerk. On November 22, 2000, QuikTrip terminated her employment. On May 2, 2003, plaintiff brought suit against QuikTrip in the United States District Court for the Northern District of Oklahoma, allegin... More...   $0 (04-02-2006 - OK)

Murphy Oil USA, Inc. v. Lawrence Wood, et al.

Defendant-Appellant/Cross-Appellee Trivental, Inc.(*) ("Trivental") appeals from a judgment as a matter of law ("JMOL") in favor of Plaintiff-Appellee/Cross-Appellant Murphy Oil U.S.A., Inc. ("Murphy") on (1) Murphy's breach of contract claim; (2) two of Trivental's breach of contract counterclaims; and (3) Murphy's breach of fiduciary duty claim. Lawrence Wood, an officer of Trivental, also ap... More...   $80702 (02-22-2006 - OK)

Inergy Propane, LLC v. Union Bank of Chander

On July 1, 2003, Inergy Propane, LLC (Inergy), a Delaware Limited Liability Company authorized to do business in Oklahoma, brought suit in the United States District Court for the Western District of Oklahoma against the Union Bank of Chandler (the Bank). Jurisdiction was based on 28 USC § 1332, Inergy and the Bank being citizens of different states and the amount in controversy being in exces... More...   $0 (12-16-2005 - OK)

Greening Donald Co., Ltd. v. Oklahoma Wire Rope Products, Inc.

�1 The appellant, Greening Donald Co., Ltd. is a judgment creditor of appellee, C.J. Anderson. In an attempt to collect a portion of the outstanding judgment of $28,550.00, the appellant issued a garnishment summons to Union Bank and Trust Company of Oklahoma City, the custodian of the appellee's Individual Retirement Account (IRA). The garnishee bank responded with a claim for exempti... More...   $0 (11-08-1988 - OK)

BANK OF TULSA v. T.H. RUSSELL, et al.

�1 Defendants appeal from the trial court's order which granted summary judgment for Plaintiff in this action to determine a security interest in an employee profit sharing plan and trust. Having reviewed the record and applicable law, we reverse.

�2 Bank of Tulsa instituted this action against Defendants as the Trustees of the T.H. Russell Profit Sharing Pl... More...   $0 (07-21-1987 - OK)

Meryl E. Williamson v. Robert A. Williamson

1 The dispositive issue presented for our review is whether the trial court erred when it denied the motion of Appellant, Robert A. Williamson, (hereinafter "father"), to modify the parties' child custody and support agreement. Father and Appellee, Meryl E. Williamson, (hereinafter "mother"), previously reached an agreement as to child support calculations and property settlement that did not c... More...   $0 (02-08-2005 - OK)

Laura L. Barnes, now Hendrix v. Jason L. Barnes

1 Mother was given custody of the two-year-old child in April of 1999 in an agreed decree of divorce, and Father was given standard visitation with extended summer visitation. In June of 2000, Father asked the court to further expand his visitation to one-half of the summer and for right of first refusal to care for the child when the mother could not. Father also requested a modification of ... More...   $0 (01-26-2005 - OK)

Waggoner v. Town & Country Mobile Homes, Inc.

1 This appeal presents an issue of first impression. Did the trial court err by instructing the jury on manufacturers' products liability when a design defect caused only deterioration in the product itself resulting in purely economic loss? We answer in the affirmative and hold that such a claim must be pursued as a warranty action.

2 There is a second issue. Did the trial court err by d... More...   $0 (12-27-1990 - OK)

Christopher Young v. Randy G. Workman, Warden; and Dick Conner Correctional Center.

Christopher Young was convicted of multiple acts of sexually abusing a child, all after three prior convictions, in violation of Oklahoma law. Okla. Stat. tit. 21, §§ 886, 888, 1123. At trial, the court barred Mr. Young from introducing certain witnesses and documents as a sanction for his counsel's failure to turn over the discovery information to the state. In this habeas action, Mr. Young ... More...   $0 (09-20-2004 - OK)

 
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