| Oklahoma Compensatory Damages Law |
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Citifinancial Mortgage Company, Inc. v. Karen Frasure, Albert Fleming
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After a bench trial, the district court entered judgment in favor of plaintiff CitiFinancial Mortgage Co., Inc. (CitiFinancial), on its breach of contract claims regarding three loans taken by appellants Karen Frasure and Albert Fleming. The court also entered judgment in favor of Ms. Frasure on her counterclaims for intentional infliction of emotional distress and trespass. Appellants have taken ... More... $0 (02-18-2009 - OK)
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Normandy Apartments, Ltd. v. U.S. Department of Housing and Urban Development, et al.
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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)
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Earnest BRASHIER v. FARMERS INSURANCE COMPANY, INC., et al.
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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)
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Kevin Moody and Veronica Moody, Individually and on behalf of the Estate of Tyler Moody, deceased, v. Ford Motor Company
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This was an action under the doctrine of manufacturers= products liability regarding a
two-door 1995 Ford Explorer Sport. The parties to this case are the Plaintiffs, Veronica
Moody and Kevin Moody, individually and as parents and next friend of Tyler Moody,
deceased, and the Defendant, Ford Motor Company.
All parties agree that on January 16, 2003, Plaintiffs= decedent, Tyler Moody, w... More... $15000000 (11-21-2006 - OK)
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James D. Lond and Linda Still Well-Lind v. Aetna Health, Inc.
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The Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, can be a fruitless and thorny ground for plaintiffs, and many seek to avoid it entirely by bringing their insurance claims under state law. The Supreme Court has increasingly circumscribed such state-law claims, however, finding the pre-emptive sweep of ERISA to be so "extraordinary" that it bars all claims of close relation... More... $0 (11-03-2006 - OK)
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Orhan Yavuz v. 61 MM, Ltd., et al.
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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)
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John F. Thaxton, II and Annette Thaxton v. Beneficial Mortgage Co. of Oklahoma and Beneficial Oklahoma, Inc.
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1 Plaintiffs, John F. Thaxton II and Annette Thaxton, appeal an order of summary judgment granted in favor of Defendants, Beneficial Mortgage Co. (BMC) and Beneficial Oklahoma, Inc. (BOI). For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.
FACTS
2 In July 1994, Dennis and Janet Bullock granted BMC a first mortgage on their real propert... More... $0 (08-01-2006 - OK)
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Orhan Yavuz v. 61 MM, Ltd., et al.
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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)
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Rex Shrum v. City of Coweta, Oklahoma, et al.
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Plaintiff-Appellee Rex Shrum is both a law enforcement officer and a clergyman. After eight apparently successful years of juggling the two responsibilities, his relationship with the management of the police department soured, and the Chief of Police allegedly rearranged Officer Shrum's work schedule so it would conflict with his duties as a minister. Forced to choose between his police and hi... More... $0 (06-13-2006 - OK)
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Nova Health Systems v. Dean Gandy, et al.
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An Oklahoma statute makes abortion providers liable for any subsequent medical costs that may be required because of an abortion performed on a minor without parental consent or knowledge. Seeking to challenge the constitutionality of that statute, Nova Health Services ("Nova"), an abortion provider, brought this action for injunctive and declaratory relief against various officials who oversee... More... $0 (11-03-2004 - OK)
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Alfred Milton Evans, et al. v. Mike Fogarty, et al.
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Plaintiffs were providers of outpatient behavioral health services. Defendants are various officers and employees of Oklahoma's state Medicaid Agency (the Oklahoma Health Care Authority). The Oklahoma Health Care Authority pays for medically necessary behavioral health services within the scope of the Medicaid program for qualified recipients.
Plaintiffs spoke publicly on a number of issu... More... $571000 (03-01-2005 - OK)
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Dee Hollander and Don Hollander v. Sandoz Pharmaceuticals Corporation
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Dee and Don Hollander filed this products liability action in the District Court for Oklahoma County alleging that Parlodel, a drug manufactured by Sandoz Pharmaceuticals Corporation ("Sandoz"), now known as Novartis Pharmaceuticals Corporation, and distributed by HCA Health Services of Oklahoma, Inc., doing business as Presbyterian Hospital ("Presbyterian Hospital"), caused Ms. Hollander to s... More... $0 (05-10-2002 - OK)
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Alfred Milton Evans, et al. v. Mike Fogarty, et al.
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Plaintiffs were providers of outpatient behavioral health services. Defendants are various officers and employees of Oklahoma's state Medicaid Agency (the Oklahoma Health Care Authority). The Oklahoma Health Care Authority pays for medically necessary behavioral health services within the scope of the Medicaid program for qualified recipients.
Plaintiffs spoke publicly on a number of issu... More... $16000000 (09-24-2004 - OK)
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James R. Millsap, et al. v. McDonald Douglas Corporation
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Section 510 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (ERISA), proscribes interference with a participant's rights under a qualified benefit plan. Section 502(a)(3) of ERISA provides the plan participant with his exclusive remedies for a § 510 violation. Under § 502(a)(3), the participant may bring a civil action to (1) enjoin any act or practice which viola... More... $0 (05-24-2004 - OK)
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Theodore Montgomery v. City of Ardmore, et al.
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Theodore Montgomery appears to have let his claims get away from him. He raises some eleven propositions, as nearly as we can tell, covering violations of procedural due process and various state tort claims. The defendants, unhelpfully unfamiliar with final order law, seek to challenge the preservation of Mr. Montgomery's appeal. One of them, the Fraternal Order of Police (FOP) seeks attorneys... More... $0 (05-03-2004 - OK)
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AMERICAN ECONOMY INSURANCE COMPANY v. BOGDAHN
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1 Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1611, the United States Court of Appeals for the Tenth Circuit on its own motion certified the following question of Oklahoma law:
Whether Blake Bogdahn was a person insured under the uninsured motorist provisions of the American Economy policy issued to Hillcrest Pharmacy, Inc. as the named insured?
More... $0 (02-10-2004 - OK)
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Tibbetts v. Sight 'n Sound Applicance Centers
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1 We decide here if the trial judge erred in awarding $375,000.00 in attorney fees to plaintiffs/appellees in their class action suit brought against defendant/appellant, Sight 'n Sound Appliance Centers, Inc., d/b/a Sight 'n Sound & Cost Warehouse under the Oklahoma Consumer Protection Act (OCPA), 15 O.S.1991, § 751 et seq., as amended.1 We hold the trial judge erred, and the Court of Civil Ap... More... $0 (09-22-2003 - OK)
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Juanita Hightower, et al. v. Kansas City Southern Railway Company
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William Franklin Pearl, a resident of LeFlore County, Oklahoma, was driving his 1997 pickup truck home subsequent to a shopping trip at 1 p.m. on December 16, 1997, whereupon his truck was struck by a train owned by Railroad and operated by its employees/Defendants Locke and Hinds, as Pearl was driving over the Pickering Street railway grade crossing in Mena, Arkansas. The crossing in question ... More... $0 (05-06-2003 - OK)
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Alfred Milton Evans, et al. v. Mike Fogarty, et al.
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Plaintiffs were providers of outpatient behavioral health services. Defendants are various officers and employees of Oklahoma's state Medicaid Agency (the Oklahoma Health Care Authority). The Oklahoma Health Care Authority pays for medically necessary behavioral health services within the scope of the Medicaid program for qualified recipients.
Plaintiffs spoke publicly on a number of issue... More... $34000000 (04-25-2003 - OK)
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Barbara Bell, et al. v. Conner and Winters, P.C., et al.
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The Plaintiffs, Barbara Bell and Carter Bell (collectively "Plaintiffs"), by and through their attorneys Bridger-Riley & Associates, P.C., and for their causes of action against Defendants Conner & Winters, P.C., Katherine Coyle, Henry Will, and John Athens, alleged the following:
JURISDICTION AND VENUE
1. For a period of the times pertinent herein, Plaintiff Barbara Bell ("Bell") was a r... More... $105000 (02-04-2003 - OK)
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Felipe G. Juarez v. ACS Government Solutions Group, Inc. and Affiliated Computer Services, Inc.
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Appellee Felipe Juarez, a Hispanic computer operator, began working for ACS in October 1995. During his employment, ACS consistently gave him high scores in formal performance evaluations. He received ratings of mostly "outstanding" and "exceeds requirements" in evaluation categories. In his last comprehensive performance evaluation, his immediate supervisor specifically stated that "Mr. Juarez is... More... $272500 (01-08-2003 - OK)
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Veronica Wilson, et ux. v. Kenneth Muckala, M.D., et al.
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Plaintiffs sought to recover on several claims stemming from alleged incidents of sexual harassment against an individual doctor, the hospital where Plaintiff and doctor worked, hospital board members, and former owners. The district court granted summary judgment in favor of several Defendants, and the jury ultimately found for the remaining Defendants on all counts except negligent infliction of... More... $40000 (08-22-2002 - OK)
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Dee Holland and Don Hollard v. Sandoz Pharmaceuticals Corp., et al.
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Dee and Don Hollander filed this products liability action in the District Court for Oklahoma County alleging that Parlodel, a drug manufactured by Sandoz Pharmaceuticals Corporation ("Sandoz"), now known as Novartis Pharmaceuticals Corporation, and distributed by HCA Health Services of Oklahoma, Inc., doing business as Presbyterian Hospital ("Presbyterian Hospital"), caused Ms. Hollander to suffe... More... $0 (05-10-2002 - OK)
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Thomas P. Gibson v. L.D. "Poke" Arnold and Deborah A. Arnold
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The question presented by this appeal is whether the Oklahoma Statute of Frauds, Okla. Stat. Ann. tit. 15, § 136, precludes enforcement of an in-court oral settlement agreement involving the transfer of real property, the terms of the settlement agreement having been agreed to at a settlement conference before a magistrate judge. Plaintiff Thomas P. Gibson appeals the district court's judgment rej... More... $0 (05-02-2002 - OK)
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Gary Bristol v. Board of County Commissioners of the County of Clear Creek, et al.
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This appeal involves several issues arising under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 - 12213. Specifically, we hold, first, that in a case tried to a jury, the court decides whether the plaintiff has identified "impairments" and "major life activities" recognized under the ADA, but that the jury decides whether the plaintiff has demonstrated by a preponderance of the evi... More... $0 (02-27-2002 - OK)
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Randy D. Griffin v. Steeltek, Inc.
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In this case a jury returned a verdict in favor of defendant-appellee Steeltek, Inc., on plaintiff-appellant Randy D. Griffin's suit for damages alleging violation of § 12112(d)(2)(A) of the Americans With Disabilities Act of 1991 ("ADA"), 42 U.S.C. §§ 12101-12213. Mr. Griffin appeals from the district court's order denying his post-trial motion for judgment as a matter of law on the issue of nomi... More... $0 (08-22-2001 - OK)
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Tena J. Wickman v. William J. Henderson
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Defendant William J. Henderson, in his official capacity as Postmaster General of the United States Postal Service, appeals from the district court's denial of a Fed. R. Civ. P. 50(b) motion, for judgment as a matter of law (JMOL)(1) in this case brought pursuant to Title VII. We reverse and remand for a new trial on damages only.
Plaintiff began her employment as a mail carrier with defend... More... $0 (07-18-2001 - OK)
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Horowitz v. Alliance Home Health, Inc.
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The Appellee, Andrew Horowitz, was employed by Alliance Home Health, Inc. (Alliance). On March 20, 1998, he filed this lawsuit claiming wrongful termination and slander against Alliance and one of his coworkers.1 After Horowitz was discharged, but before he filed suit, all common stock in Alliance was purchased by Amedisy, Inc. In his petition, Horowitz named the corporate defendant as "Alliance H... More... $0 (05-29-2001 - OK)
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