¶1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.

Mr. Smith a... More...   $0 (11-16-2009 - OK)

¶1 Defendants, Merlen and Nancy Suttles, appeal the trial court's order granting Plaintiffs, Arnold and Wynema Johnson, an easement of necessity across Defendants' property to the upper portion of Plaintiffs' land. We affirm as modified herein.

BACKGROUND

¶2 In April 2006, Plaintiffs purchased a 75-acre tract of land located in Carter County, Oklahoma. The tract is located directly... More...   $0 (10-22-2009 - OK)

¶1 In this malicious prosecution action, Plaintiff, Dr. Michael Peterson, appeals a dismissal granted to Defendant, Charles Snider, and a summary judgment granted to Snider's attorney, Defendant Ken Ray Underwood and the law firm of Ken Ray Underwood, P.C.(collectively, Underwood). We affirm.1

FACTS

¶2 This litigation began when Snider, a truck driver, suffered a job-related injury... More...   $0 (10-16-2009 - OK)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffsâ€�) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendantsâ€�... More...   $0 (10-22-2009 - OK)

¶1 The language of 60 O.S. Supp. 2003 §8371 provides that: the "sole and exclusive civil remedy at common law or otherwise" under the Residential Property Condition Disclosure Act (Disclosure Act), 60 O.S. 2001 §831, et seq. "shall be an action for actual damages;" awards "shall not2 include the remedy of exemplary damages"; and the Disclosure Act "applies to, regulates and determines rights, d... More...   $0 (10-13-2009 - 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)

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)

¶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 The dispositive issue tendered on certiorari is whether summary judgment was erroneously given to the defendant realtors and sellers. We answer this question in the affirmative. A buyer of real property may rely upon the positive representations of realtors and sellers about the size of the property to be conveyed. When a realtor or seller of real property makes material representations to a p... More...   $0 (06-30-2009 - OK)

¶1 On December 29, 2008, this case was assigned to this office. This is a negligent maintenance and construction action initiated by a tenant against her landlord and a contractor after the tenant fell from her second story balcony due to a defectively installed balcony railing. The district court granted the landlord's and contractor's motions for summary judgment based on the traditional common... More...   $0 (06-30-2009 - 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)

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)

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)

¶1 Shalonda and James Stone (Tenants) appeal the trial court's June 12, 2008, order granting summary judgment to Linden Real Estate, Inc. (Landlord). The appeal was assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(a)(1), 12 O.S.2001 and Supp. 2003, ch. 15, app. 1. Based on our review of the facts and applicable law, we reverse and remand for further proceedings.
... More...   $0 (05-07-2009 - OK)

¶1 Plaintiff/Appellant, Patrick Atkinson, and Defendant/Appellant, Margaret Rucker, seek review of the trial court's order granting the motion of Intervenor/Appellee, Frank Tomacek, to disqualify attorneys N. Franklyn Casey, Lawrence A.G. Johnson, and Robert L. Briggs from further representation of Atkinson and Rucker. We affirm, holding the trial court applied the appropriate standard for disqua... More...   $0 (04-02-2009 - OK)

The issue in this products-liability case is whether or not a large conveyor system installed in a grocery-distribution center is an “improvement to real propertyâ€� within the meaning of Oklahoma’s ten-year statute of repose, Okla. Stat. Ann. tit. 12, § 109. As relevant here, the statute serves to bar tort actions against parties who performed or furnished “the design, planning, supervisio... More...   $0 (03-19-2009 - OK)

¶2 Pursuant to section 1604(A)(2) of title 20, the federal court has submitted "[t]he facts relevant to the question[s], showing fully the nature of the controversy out of which the question[s] arose." Those facts are repeated here, verbatim.

¶3 Plaintiff, Wilspec Technologies, Inc., and defendant, DunAn Holding Group Co. Ltd., both design, manufacture, and sell parts for air conditioni... More...   $0 (03-19-2009 - OK)

¶1 The United States District Court for the Western District of Oklahoma certified two questions of Oklahoma Law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§1601-1611,2 seeking clarification concerning the "adequacy" of remedies available to a plaintiff who brings an employment discrimination lawsuit based on race, national origin, and age discrimination clai... More...   $0 (02-24-2009 - 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)

¶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)

¶1 Plaintiffs/Appellants Doug and Samantha Moore (Buyers) bought a home in Rogers County from Defendants John and Nancy Goggins (Sellers) in March 2004. Defendant/Appellee Adrienna Williams (Real Estate Agent) was Sellers' real estate agent and Defendant/Appellee OklaHomes Realty was the real estate broker for Williams (collectively "Realtors"). The law with respect to pre-sale disclosure forms w... More...   $0 (09-12-2008 - OK)

¶1 The claimant, Bonnie Brooks (Claimant), appeals a decision of the Three Judge Panel of the Workers' Compensation Court in favor of Osage Drilling Company/Seismic Drilling (Employer) and its insurer, American Home Assurance, finding that she was not a surviving spouse of Roy Sanders, deceased.1

BACKGROUND

¶2 The parties have not materially disputed the facts pertinent to this... More...   $0 (07-10-2008 - 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)

1 This matter examines the duty of a landowner to provide reasonable protection from crimes against a business invitee. Certiorari review was granted to resolve a conflict between divisions III and IV of the Court of Civil Appeals. Today, this Court resolves that conflict and applies the applicable rule of law. In doing so, this Court concludes the defendant landowner was not entitled to summary j... More...   $0 (06-14-2008 - OK)

1 The dispositive issue before us is whether the trial court erroneously granted summary judgment to the defendants in this premises liability action. We answer in the negative. We find the evidence provides undisputed proof of the open and obvious condition of the premises, supporting but a single inference that favors nonliability of the defendants based on absence of duty to the plaintiffs. We ... More...   $0 (05-13-2008 - OK)

1 In this accelerated appeal under the Oklahoma Administrative Procedures Act, 75 O.S.2001 & Supp. 2007 §§ 250.1 through 323, Oklahoma Foundation for Medical Quality (Foundation) seeks review of the trial court's dismissal of its petition for review. Foundation sought review of the Oklahoma Department of Central Services' (Central Services) award of a State Medicaid utilization and review contract... More...   $0 (12-31-2007 - OK)

1 Defendant Martin Sand & Gravel appeals the granting of a new trial, following a defendant's verdict, on the grounds that the jury received extraneous information that the plaintiff had received an insurance settlement. Plaintiff Forrest Ralph Graybeal, as Personal Representative of the Estate of Ruby Eileen Graybeal, counter-appeals the denial of a requested jury instruction and a motion for a d... More...   $0 (12-28-2007 - 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)

2 Chris Eugene Darrow (Darrow) brought suit against his for... More...   $0 (01-15-2008 - OK)

�1 Carlis Anthony Ball, Appellant, was tried by jury and found guilty in the District Court of Tulsa County, Case No. CF-2005-2586, of Count I, murder in the first degree, in violation of 21 O.S.Supp.2004, � 701.7(C); and Count II, child neglect, in violation of 10 O.S.Supp.2002, � 7115 (C). The jury sentenced Appellant to life imprisonment without possibility of parole i... More...   $0 (11-14-2007 - 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)

1 Appellant PTS Healthcare, Inc., appeals from the Trial Court's order sustaining Appellee Mid-Century Insurance Company's motion for summary judgment. This appeal is assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36, 12 O.S. Supp. 2003, ch. 15, app. 1. Based on our review of the record on appeal and applicable law, we affirm. BACKGROUND FACTS 2 On April 3, 2... More...   $0 (10-24-2007 - OK)

This case concerns the preemptive scope of the Interstate Commerce Commission Termination Act of 1995 (ICCTA). Kansas City Southern Railway Company (Railroad), the defendant below, argued to the district court that the ICCTA preempts the state tort claims brought by the plaintiffs, who own land adjacent to the Railroad's track in Sequoyah County, Oklahoma. The district court accepted this ... More...   $0 (10-01-2007 - 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)

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)

1 Certiorari was granted on insured's petition to determine whether - qua victor in a tort claim against his UM insurer for bad-faith refusal to pay an insurance loss - the insured was entitled to counsel fee, prejudgment interest and costs. Tendered are three issues: [1] Does the exclusion of UM coverage from the terms of 36 O.S. 1991 § 3629 (B)1 abrogate the common law of tort liability settl... More...   $50000 (07-16-1996 - 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)

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)

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)