In these consolidated appeals, the National Football League (NFL), Dr. John
Lombardo, Independent Administrator of the Policy on Anabolic Steroids and Related
Substances, and Adolpho Birch, the NFL’s Vice President of Law and Labor Policy,
appeal the district court’s1 order, concluding that the Minnesota statutory claims
alleged by Kevin Williams and Pat Williams of the Minneso... More...   $0 (09-04-2009 - 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 Sandra Angel appeals from the district court’s grant of summary judgment in favor of Defendant-Appellee Goodman Manufacturing Company, L.P. (Goodman). Angel v. Goodman Mfg. Co., L.P., No. 07-CV-0462- CVE-FHM, 2008 WL 2673353 (N.D. Okla. June 27, 2008). Plaintiff purchased an air conditioning unit manufactured by Goodman which she contends is defective because of the corrosive... More...   $0 (06-10-2009 - OK)

Plaintiffs-appellants appeal from the judgment of the district court in favor of defendants-appellees in this personal injury case. Jurisdiction in the district court was based on diversity of citizenship, 28 U.S.C. § 1332, and this court has jurisdiction under 28 U.S.C. § 1291 because the district court entered final judgment on all claims as to all parties. The district court entered final jud... More...   $0 (06-01-2009 - 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)

Capron & Edwards, P.C., appeals from the district court’s grant of summary judgment in favor of Holden & Carr, P.C., enforcing its attorney’s lien and adopting its interpretation of a fee agreement. We conclude Capron & Edwards has standing to appeal and the district court’s exercise of supplemental jurisdiction was proper, but reverse because the court erred in interpreting the fee agreemen... More...   $0 (05-21-2009 - 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)

Plaintiffs Native American Distributing and John Dilliner filed suit in federal court against the Seneca-Cayuga Tobacco Company (“SCTCâ€�), which is an enterprise of the Seneca-Cayuga Indian Tribe, and three individuals who had been officers of SCTC (the “Individual Defendantsâ€�). SCTC and the Individual Defendants moved to dismiss pursuant to Rule 12(b)(1), Fed. R. Civ. P., arguing that the ... More...   $0 (11-20-2008 - OK)

¶1 Plaintiffs/Appellants, Joey L. Spence (Spence) and Mitch Johnson (Johnson), as well as Johnson's parents in their individual and representative capacities, seek review of the trial court's order granting the motion for summary judgment of Appellee Brown-Minneapolis Tank Company (BMTCo)1 on Plaintiffs' negligence and products' liability claims. Having reviewed the record, however, the trial cou... More...   $0 (10-16-2008 - OK)

¶1 Plaintiff, Bank of Nichols Hills (BNH), appeals a trial court judgment for Defendant, Bank of Oklahoma (BOK), regarding payment of a forged check. The primary issue on appeal is whether BOK presented sufficient proof to support the trial court's finding that the 12A O.S.2001 § 3-406 preclusion defense applied. We find that it did, and affirm.

FACTS

¶2 The parties stipulated to... More...   $0 (10-16-2008 - OK)

¶1 Plaintiff Richard C. Barnett (Barnett) sued defendants Darryl K. Simmons and Paul A. Franks, individually and as partners doing business as Rock Oil Company (Rock Oil), seeking unpaid royalties on sales of oil allegedly owed to him by Rock Oil as operator of a well producing on the Osborn lease. Barnett alleged that he had been underpaid for royalties on the Osborn lease and that Rock Oil had ... More...   $0 (11-10-2008 - 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 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)

¶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)

Plaintiff Specialty Beverages, L.L.C. sued Defendant Pabst Brewing Company for breach of contract and fraud. Specialty Beverages and Pabst both filed motions for judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil Procedure. The district court granted Pabst’s motion regarding Specialty’s fraud claim and granted Specialty’s motion regarding Pabst’s impossibility... More...   $0 (08-22-2008 - OK)

Drug and Alcohol Testing Act ("ODTA"), and federal... More...   $0 (06-07-2008 - OK)

The claims made and defenses asserted by the parties in this breach of contract and commercial tort claim case are not available at this time.... More...   $96000 (04-24-2008 - OK)

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)

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)

�1 This case concerns a dispute over the price of fuel that convenience store owner Mike Batman purchased from fuel distributor Metro Petroleum, Inc. The price stated in the parties' written contract was one cent per gallon above the actual delivered cost price of fuel. Mr. Batman has contended the "cost price of fuel" includes a 1% discount Metro receives after delivery for paying the... More...   $0 (12-14-2007 - 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)

Plaintiff First National Bank of Turley appeals (1) the district court's denial of its application for attorney's fees under Oklahoma law from Defendant Fidelity & Deposit Insurance Company of Maryland, and (2) the district court's grant of Fidelity & Deposit's motion to modify the judgment finding that First National is not entitled to post-offer costs under Fed. R. Civ. P. 68. Exercising jur... More...   $125000 (11-19-1999 - OK)

This appeal arises out of an uninsured motorist coverage dispute between the Defendant Hartford Insurance Group, d/b/a Hartford Insurance Company of the Midwest, a Connecticut Corporation (the "Hartford"), and Oklahoma Plaintiff Dr. JoAnn D. Haberman ("Haberman"). The Hartford appeals from a final Amended Judgment entered on a jury verdict in favor of Haberman. The Hartford also challenges the ... More...   $150000 (04-10-2006 - OK)

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

On December 28, 2004, an explosion at Yaffe's scrapyard in Muskogee, Oklahoma, caused significant property damage and bodily harm. When it filed its complaint, Yaffe had incurred $1,785,986.89 in liability on claims by numerous parties. Two insurance policies cover Yaffe's liability. One is a commercial general-liability policy issued by ACE American Insurance Company (ACE). The policy provid... More...   $0 (08-30-2007 - OK)

These cases arise out of an oral contract for the construction of a motel in Stigler, Oklahoma. In March of 2001, Gerald Wayne Bailey agreed to construct the motel for Selrahc, a limited partnership with Charles Roye as its managing partner, at the cost of construction plus Mr. Bailey's ten percent fee. Mr. Bailey subcontracted with Terry Burruss to provide architectural services and with Earp ... More...   $0 (05-19-2007 - OK)

On August 26, 1999, Defendant Knox Glass Company (Knox), with the assistance of Plaintiff Otis Elevator Company (Otis), attempted to transport a large piece of glass on top of an elevator car ("a car top move") in a building owned and managed by MRO Southwest (MRO).(1) During the transport, the glass broke, injuring Raymond Atkinson, a Knox employee. Atkinson sued Otis, claiming its negligence... More...   $0 (04-24-2007 - OK)

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)

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. The ... More...   $0 (07-20-2006 - OK)

Orhan Yavuz, a Turkish citizen, has been involved in various international business transactions with Kamal Adi, a dual Syrian and Swiss citizen, since the early 1980s. Frustrated with the treatment of what he considers an investment in certain real property in Tulsa, Oklahoma (the Tulsa Property), Mr. Yavuz has brought suit against Mr. Adi and others, seeking relief under the federal Racketee... More...   $0 (09-20-2006 - OK)

2 In July 1994, Dennis and Janet Bullock granted BMC a first mortgage on their real propert... More...   $0 (08-01-2006 - OK)

Orhan Yavuz, a Turkish citizen, has been involved in various international business transactions with Kamal Adi, a dual Syrian and Swiss citizen, since the early 1980s. Frustrated with the treatment of what he considers an investment in certain real property in Tulsa, Oklahoma (the Tulsa Property), Mr. Yavuz has brought suit against Mr. Adi and others, seeking relief under the federal Racketee... More...   $0 (09-22-2006 - 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)

Plaintiff asserted a breach of commercial lease agreement as a result of defendant's abandonment of leased premises prior to the end of the term and Defendant's failure to pay rent. Defendant defended by claiming constructive eviction. ... More...   $56580 (02-15-2006 - OK)

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)

Invoking diversity jurisdiction, Ellis Enterprises, Inc., an Oklahoma corporation which produces and sells Bible study programs, filed the underlying lawsuit against Software Packaging Associates, Inc. (SPA), an Ohio corporation which developed Ellis' programs into a new line of software products. The complaint alleged eight claims for relief. SPA then moved to dismiss for failure to state a c... More...   $0 (12-13-2005 - OK)

Cust-O-Fab asserts the district court made four errors: (1) finding... More...   $0 (12-13-2005 - OK)

1 The first impression issue presented in this appeal is whether plaintiff/appellant is exempt from the duties to collect, report and remit municipal sales tax by the language in 11 O.S.2001, § 21-109(A) which provides that tracts of land in excess of forty acres annexed to a municipality and used for commercial purposes shall not be subject to municipal taxes. We conclude that 11 O.S.2001, § 2... More...   $0 (10-18-2005 - OK)

1 IJAM, Inc., and Monarch Computer Systems, Inc., (collectively Defendants) appeal from a judgment in favor of Plaintiff, V.J. Lively. 1 The issue on appeal is whether the trial court properly determined that it had in personam jurisdiction over these Georgia corporations. Upon review of the record on appeal and applicable law, we find that the trial court erred in finding that it had jurisdict... More...   $0 (04-19-2005 - OK)