¶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 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 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 Bobby Burghart (Burghart) appeals the district court decision dismissing his suit against Corrections Corporation of America, (CCA), the Cimarron Correctional Facility, and nine CCA employees. Burghart also appeals the district court's denial of his motion to reconsider that dismissal.

BACKGROUND

¶2 At all relevant times, Burghart was incarcerated at the Cimarron Correctional Fa... More...   $0 (10-01-2009 - OK)

Diane Carol Williams sued Precision Drilling Corporation, Unit Drilling Company, Computalog Wireless Services, Computalog USA, St. Mary's Operating Company and General Body and Equipment on products liability theories. The claims made and defenses asserted are not available.... More...   $1 (10-13-2009 - OK)

In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More...   $0 (10-26-2009 - OK)

Amex Assurance Company sued Cutler Hammer, Inc., Eaton Corporation, Mark Zumwalt, Square D Company on a products liability theory. The claims made and defenses asserted are not available.... More...   $1 (07-22-2009 - OK)

Floyd Kirk sued Great Western Hotels Corporation on a premises liability theory. the claims made and defenses asserted by not available.... More...   $1 (02-23-2009 - 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 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 issue presented for decision is whether all intangible property is exempt from taxation or just the intangible property set forth in Okla. Const. art. 10, § 6A.1 The context in which this issue arises is the assessment of the property of Southwestern Bell Telephone Company by the State Board of Equalization for the years 2005, 2006 and 2007.2

¶2 Southwestern Bell's property is ass... More...   $0 (09-29-2009 - 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)

In a dispute over water rights, six plaintiffs—four water districts, a nonprofit corporation, and a private nursery—sued several defendants, including defendants-appellees Grand River Dam Authority (“GRDAâ€�), the United States, and the United States Army Corps of Engineers. The district court dismissed GRDA on Eleventh Amendment immunity grounds and the federal defendants on sovereign immun... More...   $0 (08-24-2009 - OK)

Josiah Stone, a pro se plaintiff, brought a discrimination claim alleging that Elohim, Inc. had unlawfully evicted him from his land because of his race and disability. The district court dismissed his action for failure to state a claim. Mr. Stone has appealed that dismissal, and we now affirm.

I. BACKGROUND

As best we can tell from his complaint, Mr. Stone resided on eight acres of... More...   $0 (07-10-2009 - OK)

¶1 This appeal arises from a controversy between the City of Chickasha (City) and a property owner, Richmont Development (Richmont), regarding two residential rental properties which City deemed dilapidated. The trial court found Richmont, and Marianne Allen (Allen) individually as the sole shareholder in Richmont, violated 12 O.S. Supp. 2004 §2011 (hereafter §2011) by filing this action in bad... More...   $0 (06-04-2009 - OK)

¶1 Dunlap Medical, Inc. seeks review of an order that dismissed its cross-claims against Smith & Nephew, Inc. because those claims arose while Dunlap Medical was suspended for failure to pay its franchise taxes. Dunlap Medical was suspended as a corporation on March 23, 2001 and was reinstated on March 11, 2008. The trial judge granted Smith & Nephew's motion to dismiss, except as to Dunlap Medic... More...   $0 (05-26-2009 - 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 The first impression issue presented is whether Marine Power Holding, L.L.C. (MP Holding), a successor company once-removed from Marine Power Engine, Inc. (MP Engine), is liable for a judgment taken against MP Engine. As a general rule, when one company sells or otherwise transfers all its assets to another company, the successor is not liable for the debts and liabilities of the seller. There... More...   $0 (05-05-2009 - OK)

¶1 Defendant/Appellants, Rex Urice (Urice) and Bancfirst, seek review of the trial court's judgment in favor of Plaintiff/Appellee, Patricia Bowers Edwards (Edwards), individually and as next friend of her son, Robert Drew Bowers (Drew), on Edwards' claims to set aside for undue influence amendments her mother, Eloise Cooper Bowers (Bowers), made to The Eloise Cooper Bowers 1991 Trust (Bowers 199... More...   $0 (02-27-2009 - OK)

¶1 This Court granted the petition for writ of certiorari of Braulio M. Cuesta and Eric L. Golden, (Plaintiffs) in their action against Ford Motor Company (Ford) and Williams Controls, Inc., (Williams) or (collectively, Defendants) to determine whether the trial court abused its discretion in certifying a class action under the facts presented. Upon review of the Oklahoma Court of Civil Appeals' ... More...   $0 (04-21-2009 - OK)

¶1 The United States District Court for the Northern District of Oklahoma, pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1606, certified the question:

Does the appointment of a general guardian withdraw all of the assets from the estate of a ward subject to a durable power of attorney, such that the person holding power of attorney is without... More...   $0 (04-07-2009 - OK)

Gerry W. Groves, Janet Robinson, Johnny Hubbell, Robert Parks, David Lanthiripe, Chris Carson, Donna Goll and Denvil Joe Tincher sued General Motors Corporation on breach of contract and promissory estoppel theories. The claims made and defenses asserted are not available.... More...   $1 (04-21-2009 - OK)

This case involves a dispute over the ownership of stock in a closely held corporation. The matter was decided on cross-motions for summary judgment, and Julian Kornfeld and Patsy D. Permenter, individually and as co-trustees of the Julian P. Kornfeld Revocable Trust, have appealed the district court’s judgment. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Julian K... More...   $0 (04-09-2009 - OK)

In October 2006, Nationwide Agribusiness Insurance Company, the insurer of plaintiff Consolidated Grain & Barge Company (CGB), filed this subrogation action under CGB’s name in Oklahoma state court, alleging that one of CGB’s facilities in Arkansas was damaged by a November 2003 fire that was caused by negligent work substantially completed there in June 2000 by defendant Structural Systems, I... More...   $0 (04-03-2009 - OK)

Elizabeth Martin and Kelly Folsom, at-will employees, were discharged by
the Weyerhaeuser Company. As self-described whistleblowers, they claim their
discharge violated Oklahoma public policy. The district court dismissed their
complaint on a motion for summary judgment. We affirm.1
2 The record does not indicate whether the June 2004 forced ranking was
undertaken in anticipati... More...   $0 (02-17-2009 - OK)

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)

A number of Oklahoma businesses forbid their employees from bringing firearms onto company property. In March 2004, the Oklahoma legislature amended its laws to narrow the reach of such company policies. These new laws hold employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property. Various Oklahoma businesses subsequently filed suit seeking ... More...   $0 (02-18-2009 - OK)

On July 24, 2000, The Williams Companies, Inc. (“WMBâ€�) announced that it would be spinning off its telecommunications subsidiary, Williams Communications Group (“WCGâ€�), in a move that it called “the best way to ensure that both our energy and communications businesses have the efficient and effective access to the capital necessary to pursue the substantial growth that each enjoys.â€� No... More...   $0 (02-18-2009 - OK)

In 2007, the United States Department of Housing and Urban Development (“HUDâ€�) 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)

¶1 Respondent/Appellant, James Lee Elliott (Husband), seeks review of a qualified domestic relations order (QDRO) entered by the trial court to effectuate the property division in the decree dissolving Husband's marriage to Petitioner/Appellee, Ellyn Diane Elliott (Wife). We affirm, holding the QDRO did not alter the property division.

¶2 The decree provided in relevant part:

(PBGC... More...   $0 (01-12-2009 - OK)

¶1 Appellants David Allen Tull and Aaron Michael Harness appeal from an order of the trial court upon jury verdict granting judgment in favor of Appellees Federal Express Corporation (FedEx) and Bennie Joe Stowers, III (Stowers). The primary issue on appeal is whether the trial court abused its discretion when it allowed Appellees to show the jury a computer animation portraying the accident at i... More...   $0 (12-05-2008 - OK)

¶1 Plaintiff/Appellant Medicine Lodge Investments, L.L.C. (Medicine Lodge) appeals from the denial of its Motion for New Trial, filed after the trial court granted summary judgment in favor of Defendants/Appellees EAR, Inc., Richard D. Stansberry (collectively, Appellees), Defendant Carolyn Ayers, and Defendant/ Substituted Plaintiff/Appellant Deer Creek Water Corporation (Deer Creek).2 After EAR... More...   $0 (12-05-2008 - OK)

¶1 Petitioners CMI/TEREX Corporation and Travelers Indemnity Company of America (collectively, Employer) seek review of the trial court's order granting Respondent Billy J. Stevens (Claimant) benefits for temporary total disability (TTD) resulting from a job-related soft tissue injury to his left foot.1 In this proceeding, Petitioners challenge the trial court's award as contrary to the limits on... More...   $0 (11-26-2008 - OK)

H.B. Krug, Kathryn Krug and Bobbie Ruth Eubanks sued Helmerich & Payne on breach of contract. fraud, and other theories claiming that they were wrongfully not compensated by defendants for natural gas produced from properties they owned that were leased to defendants for oil and gas exploration and production purposes. The claimed that H&P shut in gas wells during a contract dispute with ANR Pipe... More...   $67600000 (12-01-2008 - 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 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)

Coleman Ferguson sued Carmine Funding Corporation on a breach of contract theory. The claims made and defenses asserted are not available.... More...   $0 (10-23-2008 - OK)

¶1 The issue presented is whether the trial court erred in granting summary judgment to EOG Resources Marketing, Inc., (EOGRM) concerning whether: 1) the district court was the proper forum for the cause; 2) the State Board of Equalization and the Oklahoma Tax Commission had jurisdiction to assess EOGRM for ad valorem taxes; and 3) EOGRM is a public service corporation. We find that it did not.More...   $0 (10-21-2008 - OK)