¶1 This appeal1 arises out of an insurance coverage dispute and insurance broker malpractice action. Plaintiff, Willbros USA, Inc. (Willbros), filed a Petition2 on July 27, 2007, against three defendants, Certain Underwriters at Lloyds of London (Lloyds),3 Arthur J. Gallagher & Co. of Oklahoma, Inc. (Gallagher), and JLT Risk Solutions, Limited (JLT), after certain excess claims liability insuranc... More...   $0 (10-22-2009 - OK)

¶1 Under the accelerated procedure for summary judgments,1 Appellants Justin B. Keeler and Jill S. Keeler (Keelers, collectively) appeal the trial court's December 2, 2008, order that granted Appellee GMAC Global Relocation Services' (GMAC) motion for summary judgment. Keelers complain that they purchased a residence from GMAC that had termite damage, as well as pool, hot tub, and guttering leaks... 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)

¶1 Latricia Lewis appeals from the district court's order granting summary judgment. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2008, ch. 15, app. 1, and the matter stands submitted without appellate briefing. Based on our review of the record on appeal and applicable law, we find that there are material issues of fact tha... More...   $0 (10-08-2009 - OK)

¶1 This appeal was filed by Cornel Henry Williams, Special Administrator of the Estate of Blaine Danielle Williams (Williams), from the trial court's order, filed August 19, 2008, granting his Motion to Reconsider, in which the trial court declined to disturb its order, filed July 8, 2008, granting summary judgment to Appellees New Beginnings Residential Care Home (New Beginnings) and Blue Sky Be... More...   $0 (10-01-2009 - OK)

Kim Holland, the Oklahoma Insurance Commissioners, sued Van Russell on a fraud theory. Breach of Contract (Anticipatory Repudiation) and Money had and Received.

Defenses included Statute of Limitations, Failure of Consideration and Release.... More...   $225000 (10-07-2009 - OK)

Oliver Down, LLC sued Chateau Imports Inc., Sharon M. Turner, and Robert L. Turner on a breach of contract theory to collect a debt. The claims made and defenses asserted are not available.... More...   $125000 (10-27-2009 - OK)

Kelly Parsons, Kirk Price and Shannon Davis sued Michael A. Trojanowski, Ricky L. Meyers, Eurodent-Hagelmanagement on a breach of contract theory.... More...   $135000 (10-08-2009 - OK)

Plaintiff Ron Compton appeals the district court’s entry of summary judgment in favor of his former employer, Rent-A-Center, Inc. (“RACâ€�), on his claim that he was not paid overtime wages. Our jurisdiction arises from 28 U.S.C. § 1291, and we affirm. Although Mr. Compton now argues that his original complaint included a state-law claim for breach of contract, we determine that the complaint... More...   $0 (10-20-2009 - OK)

David E. Ryker, M.D. sued Carolyn T. Walters, R.N., Inc. on a breach of contract theory. The claims made and defenses asserted are not available.... More...   $1 (08-02-2007 - OK)

SSI, Inc. sued Ohio Casualty and Surety Company and Riverview Park Estates, L.L.C. on breach of contract theories. The claims made and defenses asserted are not available.... More...   $1 (03-26-2008 - OK)

Donald E. Cummings d/b/a Donald Cummings and Associates sued James Gibbs, Edwin Ash and Geico General Insurance Company on a breach of contract theory. The claims made and defenses asserted are not available.... More...   $1 (01-20-2009 - OK)

¶1 In this case we are asked to determine whether the trial court exceeded its jurisdiction and abused its discretion when it entered a temporary injunction against the State of Oklahoma, by and through the Oklahoma Tax Commission (OTC). The Plaintiff is Feather Smoke Shops, LLC, (Feather) an Oklahoma limited liability company with its principal place of business located in Osage County, Oklahoma... More...   $0 (10-01-2009 - 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 Certiorari was granted to settle the first-impression question whether a creditor who does not impose liability on a mortgage debtor for the deficiency that remains after a foreclosure sale may maintain a suit against the debtor and other parties for fraud in the inducement of the loan that is secured by mortgage. In short, we are asked to decide whether the mortgage debt's satisfaction under ... More...   $0 (10-13-2009 - OK)

The Intervivos Trust of Hal Capron sued Taima McDowell on breach of contract and fraud theories. Plaintiff claimed that on November 12, 2006, the parties entered into a written agreement for the sale by Plaintiff to McDowell of a home located at 10741 South Irvington in Tulsa, Oklahoma.

Defendant represented that she had ample means to close on the sale of the ime at issue and that Robe... More...   $932940 (10-16-2009 - OK)

¶1 Respondent, Larry Cooper (Husband), appeals the trial court's denial of his motion to vacate a decree of divorce. We reverse and remand with directions.

FACTS

¶2 Husband and Petitioner, Rhonda Cooper (Wife), were divorced in 2006 by an agreed decree of divorce. The decree distributed the marital property by awarding the marital home, marital business, several mobile homes, v... More...   $0 (09-24-2009 - 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 Two issues are presented on certiorari. The first of these is whether the replacement of a sewer pipeline constitutes an "improvement to real property" within the meaning of the statute of repose in 12 O.S. 2001 § 109.1 We answer that question in the affirmative. The second issue is whether the invoked statute of limitations in 12 O.S. 2001 § 952 may be enlarged by the discovery rule.3 To th... More...   $0 (09-22-2009 - OK)

¶1 The issues presented on certiorari review are whether the trial court erred (1) in certifying a class of working interest owners, and (2) in approving the proposed settlement agreement over the objections of two working interest owners. The objectors challenged the class certification, alleging that the class was not a cohesive group because the objectors did not sign a marketing election lett... More...   $0 (09-30-2009 - Ok)

¶1 Two issues are presented on certiorari review. The first issue is whether the date of injury for cumulative trauma claims is the date of the claimant's awareness of the injury or the date of the last exposure to the cumulative trauma. The second issue is whether an amended definition of cumulative trauma that became effective July 1, 2005 can be applied retroactively.

¶2 These issues a... More...   $0 (09-22-2009 - OK)

¶1 The issues presented are whether: 1) the trial court continued the defendant's arraignment in contravention of 59 O.S. Supp. 2008 §1332(A); and 2) the trial court's failure to set the hearing for a day certain materially increased the bondsman's risk. We hold that 59 O.S. Supp. 2008 §1332(A) did not prevent the trial court from continuing the arraignment, but, because the appearance date was... More...   $0 (09-22-2009 - OK)

This diversity case requires us to address the contours of covenants not to compete under Oklahoma law. When John R. Sappington and William B. Emmer defected from one Tulsa-area metals business, Southwest Stainless, to another, Rolled Alloys, they took with them years of expertise in the metals industry and personal relationships with many area customers. Some years before, Southwest Stainless had... More...   $0 (09-25-2009 - 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)

A jury returned a verdict in favor of Scottsdale Insurance Company on its claim against Michael S. Tolliver and Sandra L. Tolliver for cancellation of an insurance policy. The Tollivers appeal the district court’s denial of their motion and renewed motion for judgment as a matter of law, and their motion for new trial. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. Because the Tolli... More...   $0 (09-02-2009 - 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)

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 This is a mandamus action brought by the plaintiff L. A. Armstrong, bondholder, for himself and all others similarly situated. He sought by the remedy of mandamus to require the board of education to provide in its budget for the fiscal year 1940-41 for funds with which to pay the 1929 installments of the paving assessments levied against the property of the board of education, together with t... More...   $0 (10-19-1943 - OK)

¶1 Appellant, Victor Carbajal appealed from the trial court's order dismissing his action under the Residential Property Condition Disclosure Act, 60 O.S. 2001 §831 et seq., against Appellees Baham Safary, an Oklahoma real estate licensee, and Prestigious Properties, Inc., a company solely owned by Safary. Safary was retained by Carbajal to assist with the purchase of a home from Dennis and Yvon... More...   $0 (07-07-2009 - 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)

The Bank Of Oklahoma sued Samantha L Tiddark John Doe WILLIAM B OWENS Jane Doe Jane Doe Tenants Of 1907 NW Glenn St Lawton on a breach of contract theory and to foreclose a mortgage on property securing a debt. The claims made and defenses asserted are not available.... More...   $0 (07-13-2009 - OK)

Robert A. Campbell sued David Gayanich, Salvatore Ferraro dba FRAC Services, Inc. on a breach of contract theory. The claims made and defenses asserted are not available.... More...   $0 (07-17-2009 - OK)

In this civil rights action brought pursuant to 42 U.S.C. § 1983, plaintiff-appellant Alvin Parker, an Oklahoma prisoner proceeding pro se, appeals the district court’s orders granting summary judgment in favor of defendants-appellees Oklahoma University Medical Center (Medical Center), Albina Gosmanova, M.D., and Jesus Medina, M.D., on his claim that defendants provided deficient medical care ... More...   $0 (07-02-2009 - OK)

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)

¶1 Defendants/Appellants James Cranke, II, Hope Cranke, and Steve A. Rush (collectively, Appellants) appeal the trial court's judgment granting Plaintiff/Appellee Vertex Holdings, LLC a perpetual easement of necessity over certain real property, awarding damages to Appellants, and awarding attorney fees to Vertex. The trial court erred in awarding a perpetual easement of necessity where the essen... More...   $0 (02-05-2009 - OK)

Jennifer Davis-Travis and Jon-Michael Travis (collectively the Travises) appeal the district court’s grant of summary judgment in favor of State Farm Fire and Casualty Company (“State Farm�). We affirm.

The Travises are the named insured on a State Farm homeowner’s policy providing coverage for their home located in Edmond, Oklahoma. In July of 2006, Ms. Travis returned to her hom... More...   $0 (06-25-2009 - 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 The issue presented concerns the constitutionality of 19 O.S.Supp.2003, § 956.3.1 We find the statute constitutional and affirm the trial court's issuance of a writ of mandamus.

BACKGROUND

¶2 In Oklahoma, the retirement plans of state employees are governed largely by the Oklahoma Public Employees Retirement System (OPERS), 74 O.S.2001 § 901, et seq.2 With the exception of Okl... More...   $0 (06-30-2009 - OK)