Kenneth Eugene Barrett, a federal prisoner appearing pro se and in forma pauperis, appeals from the district court’s entry of judgment in favor of defendants in his civil rights suit filed under 42 U.S.C. § 1983. We reverse and remand with respect to defendants Gary Philpot and Michael Hendricks. In all other respects, we affirm.

I.

Mr. Barrett was arrested at his residence in the... More...   $0 (11-02-2009 - 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)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) 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 (“Defendants”... More...   $0 (10-22-2009 - OK)

Plaintiff Ron Compton appeals the district court’s entry of summary judgment in favor of his former employer, Rent-A-Center, Inc. (“RAC”), 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)

¶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 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)

Defendant New Horizons Inc. (New Horizons) operated nine long-term-care facilities for mentally retarded adults in Oklahoma, and four in Texas, known as Intensive Care Facilities for the Mentally Retarded (ICF/MR).1 It employed Sara Lacy as a case manager and Qualified Mental Retardation Professional from June 1999 to June 2004. After New Horizons terminated her employment, she brought this action... More...   $0 (10-09-2009 - 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 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)

Plaintiff appellant Ramona Green appeals the district court’s dismissal, under Fed. R. Civ. P. 12(b)(6), of her 42 U.S.C. § 1983 claims against defendants. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I. BACKGROUND

On October 11, 2005, Ms. Green purchased a 1993 Infiniti from defendant Auto Pro and used her 1990 Cadillac as a trade-in. She soon decided that the Inf... More...   $0 (09-03-2009 - OK)

Plaintiff-appellant Lynn R. Woods-Gaston, proceeding pro se, appeals a district court decision granting summary judgment to her former employer, Sequoyah Enterprises, Inc., on her claim of racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e–2. She also seeks reversal of a district court order granting Sequoyah’s motion for attorneys’ fees incur... More...   $0 (08-04-2009 - 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)

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)

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. (“ADEA”). 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)

¶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)

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)

Plaintiff-Appellant Ginger Martinez, individually and on behalf of the estate of her father, Kenneth Wayne Ginn, filed a 42 U.S.C. § 1983 action against the Board of County Commissioners of Cleveland County Oklahoma, Sheriff DeWayne Beggs, and Deputies Kevin Brandon, Tommy Edwards, David Epps, and Gilbert Kirkland alleging violations of the Fourteenth Amendment to the United States Constitution f... More...   $0 (04-21-2009 - OK)

Plaintiff Ruth Ann Ellis appeals the district court’s entry of summary judgment in favor of defendant State Farm Fire and Casualty Co. (“State Farm”). Ms. Ellis sued in Oklahoma state court asserting that her homeowner’s insurance policy with State Farm covered damage to the concrete foundation slab of her home, and she brought additional related claims. Invoking diversity jurisdiction, St... More...   $0 (04-16-2009 - OK)

Before LUCERO, PORFILIO, and ANDERSON, Circuit Judges. Plaintiff Ruth Ann Ellis appeals the district court’s entry of summary judgment in favor of defendant State Farm Fire and Casualty Co. (“State Farm”). Ms. Ellis sued in Oklahoma state court asserting that her homeowner’s insurance policy with State Farm covered damage to the concrete foundation slab of her home, and she brought additio... More...   $0 (04-16-2009 - OK)

Plaintiffs-Appellants Jonathan and Nicole Gaither, and their two minor children, appeal from the district court’s grant of summary judgment in favor of Defendant-Appellee Allstate Insurance Company (“Allstate”). The Gaithers brought claims against Allstate based upon breach of contract for uninsured motorist coverage and bad faith breach of insurance contract, and the case was removed to fed... More...   $0 (04-10-2009 - 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)

Stacy and Keith Fuqua appeal from the district court’s decision granting summary judgment in favor of Lindsey Management Co., Inc. We affirm.

I. Background

The Fuquas filed an action against Lindsey, alleging that Lindsey violated the Oklahoma Residential Landlord and Tenant Act (ORLTA) and the Oklahoma Consumer Protection Act (OCPA), and breached the implied covenant of good faith... More...   $0 (03-31-2009 - OK)

Appellants Larry and Lennelle Pinson brought this action under the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 - 1681x, against Appellees Equifax Credit Information Services, LLC; CSC Credit Services; Experian Information Solutions, Inc.; Trans Union, LLC, (collectively, “consumer reporting agencies” or “CRAs”); Capital One Services, Inc.; Capital One Bank FSB (collectively, “C... More...   $0 (03-10-2009 - OK)

Plaintiff Allstate Insurance Company filed this declaratory judgment action seeking a determination of the amount it was required to pay under an automobile liability policy and an umbrella policy, with limits of $250,000 and $2,000,000, respectively, to defendants William Covalt and Loren Morgan, as personal representative of the estate of Mr. Covalt’s late wife, Linda. The district court took... More...   $0 (03-22-2009 - 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 property” 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)

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)

Plaintiff Nekia Anderson appeals the district court’s grant of summary judgment in favor of her former employer, Wintco, Inc., doing business as Sonic Drive-In-Huntsville, Inc., (Sonic), in her case alleging a sexually hostile work environment and retaliation in violation of Title VII of the Civil Rights Act of 1964. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

M... More...   $0 (02-24-2009 - OK)

Christopher Chase Spencer appeals from the district court’s order granting summary judgment in favor of the City of Mustang, Oklahoma; various City officials and officers (the City defendants); and a local private resident on his federal claim under 42 U.S.C. § 1983 and dismissing without prejudice his state-law claims. We affirm.

BACKGROUND

Factual Basis On May 17, 2004, seventee... More...   $0 (02-27-2009 - OK)

Lakia Harris, proceeding pro se, appeals from the district court’s opinion and order granting summary judgment to Crosshaven Properties, Inc., on her claim for retaliation filed under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e through 2000e-17. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. Represented by counsel, Ms. Harris, an African-American, filed a complai... More...   $0 (02-11-2009 - OK)

Rajeanna Dixon, an investigative assistant for the Oklahoma Board of Veterinary and Medical Examiners (“OBVME”), lost her job partly because she discussed OBVME’s investigation of a dogfighting ring with a member of the veterinarian trade association. She brought a § 1983 action against OBVME and her supervisor, Cathy Kirkpatrick, alleging that she had been fired in violation of her constit... More...   $0 (01-08-2009 - 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 The trial court defendants, Brent Harrison and Larryn Harrison, appeal an order granting the plaintiff, TIP Properties, L.L.C. (TIP), summary judgment in this tax deed quiet title action. None of the remaining defendants have participated in the appeal. This appeal proceeds under the accelerated appeal provisions of Okla. Sup. Ct. R. 1.36, 12 O.S. Supp. 2007, ch. 15, app. 1.

BACKGROUND<... More...   $0 (11-26-2008 - OK)

Plaintiffs Native American Distributing and John Dilliner filed suit in federal court against the Seneca-Cayuga Tobacco Company (“SCTC”), which is an enterprise of the Seneca-Cayuga Indian Tribe, and three individuals who had been officers of SCTC (the “Individual Defendants”). 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)

¶1 Plaintiffs/Appellants Hirsch Holdings, L.L.C., et al. (individually, by name, or collectively, Hirsch or Plaintiffs), seek review of the trial court's orders denying their motion to vacate an arbitrator's award for Defendants/Appellees Hannagan-Tobey, L.L.C., et al. (individually, by name, or collectively, Hannagan or Defendants), and granting Defendants' motion to confirm the arbitrator's dec... More...   $0 (10-02-2008 - OK)