¶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 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 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 Defendant, Volkswagen of America. Inc. (VW), appeals the trial court's certification of a class action. The question to be decided is whether the trial court abused its discretion in granting class action status. We hold that it did not and affirm.

FACTS

¶2 Plaintiffs, Rajina Hess and Kelly Parsons, each own a Jetta automobile manufactured and/or sold by VW. Each vehicle was pur... 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 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)

¶1 Krista O'Neal filed a claim in the Workers' Compensation Court against D&H Utilities Construction Company for compensation benefits as a result of the death of Jesus Chavez Olvera, (Decedent). She alleged therein she was the surviving common-law wife of Olvera.

¶2 During the course of the workers' compensation proceeding, Plaintiff herein, Jose Gonzalez, was appointed personal represen... More...   $0 (10-01-2009 - 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)

¶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)

¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More...   $0 (10-01-2009 - OK)

Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More...   $0 (11-03-2009 - 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)

¶1 Appellant Jared William Jones was tried by jury and convicted of three counts of First Degree Malice Murder (Counts I, II, and III) (21 O.S.2001, § 701.7(A)), and two counts of Shooting with Intent to Kill (Counts IV and V) (21 O.S.2001, § 652), Case No. CF-2003-2046, in the District Court of Oklahoma County. In Count I, the murder of Pamela Karr, the jury found the presence of one aggravati... More...   $0 (01-21-2009 - OK)

Monty W. Garmon sued Hannah Edith Worley and Michelle G. Gutierrez on auto negligence theories.

First accident occured between Garmon and Gutierrez. This accident
resulted in Ms. Worley's vehicle being pushed into Mr. Garmon's vehicle,
stopped at a light. Mr. Worley was not at fault. Although there was (in
reality) a dispute between who was responsible for the initial imp... More...   $4000 (09-01-2009 - 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)

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 Appellants Marshall Johnston, Jr., and Estate of Flora Johnston,1 (Johnston) appeal from the trial court's Journal Entry of Judgment, which quieted title in certain real property upon the determination that the Defendants/Appellees John H. Hinds and Rosa Lee Hinds (Hinds) had satisfied the payment terms of a mortgage on the property and were therefore entitled to release of the mortgage pursua... More...   $0 (04-16-2009 - 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)

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 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)

¶1 Appellant Raintree Estates I, Inc., d/b/a Silver Ridge Townhomes, a/k/a Raintree Estates I Condominiums Homeowners Association (The Association) seeks review of the trial court's order directing the distribution of proceeds of a Commissioners Report to individual condominium unit owners in a condemnation action filed by Plaintiff City of Tulsa (The City). Appellant also appeals a subsequent or... More...   $0 (05-25-2009 - 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 first-impression issue presented to this Court on certiorari from the three interlocutory orders entered in condemnation proceedings is whether an application to withdraw funds which contains the phrase "pending trial on the issues by jury" constitutes a demand for a jury trial as required by title 69, section 1203 when the condemnor waits almost two years before filing a motion to strike ... More...   $0 (06-16-2009 - 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 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)

The State of Oklahoma, ex rel. Department of Transportation sued Siegrist Farms, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests owned by Defendant in Canadian county real property for a public use.

The commissioners appointed by the court returned an award of $24,500.00 which was deposited with the clerk of the court.

Both... More...   $17628 (06-12-2009 - OK)

Gear Products, Inc. discharged Gwen Coffelt, Tharon Paup, and Carol Shuffitt in 2001. The three former employees filed suit contending that the company based their discharge on impermissible age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEAâ€�). The district court granted summary judgment to Gear Products, and the plaintiffs now seek rev... More...   $0 (06-19-2009 - 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)

Defendant-Appellee Haskell County Board of Commissioners approved a constituent’s request to erect a monument displaying the Ten Commandments (hereinafter the “Monumentâ€�) on the lawn of the county courthouse in Stigler, Oklahoma. Plaintiffs-Appellants James Green, a Haskell County resident, and the American Civil Liberties Union (“ACLUâ€�) of Oklahoma filed suit against the Haskell County ... More...   $0 (06-08-2009 - OK)

Meredi Nikole Wagar sued Terry L. Badzinski and St. Mary's Regional Medical Center on medical negligence theories claiming that her baby suffered brain damage during the labor and delivery process and was harmed.

The specifics of the claims made and defenses asserted are not available at this time.... More...   $0 (05-05-2009 - 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)