¶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 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 The issue presented is whether the Court of Civil Appeals (COCA) erred when it affirmed the trial court's summary adjudication that denied the Oklahoma Firefighters Pension and Retirement System's request that the City of Spencer be ordered to terminate the employment of its recently-hired fire chief who was simultaneously declared to be ineligible for membership in the pension system. We answ... More...   $0 (09-29-2009 - 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)

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)

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 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)

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)

¶1 The United States District Court for the Western District of Oklahoma certified two questions of Oklahoma Law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§1601-1611,2 seeking clarification concerning the "adequacy" of remedies available to a plaintiff who brings an employment discrimination lawsuit based on race, national origin, and age discrimination clai... More...   $0 (02-24-2009 - 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)

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 (“OBVMEâ€�), 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)

Plaintiff-appellant Marlin Brown, appearing pro se, appeals the district court’s grant of summary judgment to defendant-appellee Value Family Properties, LLC. The district court determined that the possible allegations raised by Mr. Brown, who appeared pro se in that court as well, were discrimination based on national origin and race. Specifically, the court concluded that Mr. Brown was apparen... More...   $0 (12-23-2008 - 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 Appellant, Titus Eapen, filed a petition alleging race and national origin discrimination under a public policy tort theory against Appellee, Dallas McMillan, in violation of 25 O.S. 2001 §§1101, et seq., a Burk-tort, and a claim for tortious interference. McMillan filed a motion to dismiss, which the trial court granted with prejudice and without leave to amend.1 Eapen seeks review of the t... More...   $0 (11-06-2008 - OK)

Plaintiffs-Appellants Jamie Sanders, Denise Coffey, and Karie Brooks appeal the district court’s entry of summary judgment in favor of Defendant- Appellee Southwestern Bell Telephone, L.P. (“SWBTâ€�) on their claims of age and sex discrimination. They also appeal the court’s dismissal of co-defendant Southwestern Bell Communications (“SBCâ€�) for improper service. We have jurisdiction unde... More...   $0 (10-15-2008 - OK)

Colonel Eric A. Hanson, who had been removed from the Oklahoma Army National Guard, filed suit against Major General Harry M. Wyatt III in his official capacity as Adjutant General for the State of Oklahoma, seeking reinstatement to his former position plus back pay and retirement points. His claim arises from an alleged violation by a selective retention board (SRB) of a federal regulation govern... More...   $0 (09-11-2008 - OK)

Plaintiff-Appellant Bernadine R. Vaughn (“Vaughn�) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Epworth Villa. At issue is Vaughn’s allegation that she was retaliated against by Epworth Villa for participating in the Equal Employment Opportunity Commission (“EEOC�) process. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
More...   $0 (08-22-2008 - OK)

In 1998, forty-six states, as well as several territories (“the settling statesâ€�), entered into a Master Settlement Agreement (“MSAâ€�) with the four major tobacco companies. By that agreement, the settling states agreed to release the tobacco companies from liability for claims the states had against them to recover for tobacco-related health costs, and the tobacco companies in turn agreed ... More...   $0 (07-30-2008 - OK)

Defendant-Appellant Steve Brooks, the Undersheriff of Garvin County, Oklahoma, appeals the district court's decision denying him qualified immunity on Plaintiff-Appellee Dana L. Price-Cornelison's two constitutional claims that Brooks failed to enforce Price-Cornelison's protective orders because she is a lesbian victim of domestic violence. Price-Cornelison specifically alleged that, in refu... More...   $0 (05-12-2008 - OK)

The Family Medical Leave Act (FMLA) mandates that certain employers provide employees suffering from a serious medical condition up to twelve weeks of unpaid leave per year. See 29 U.S.C. § 2612(a)(1)(D). Employees, however, have several duties concomitant to this right. For instance, an employer may require an employee submit medical certification documenting his medical condition before the ... More...   $0 (04-15-2008 - OK)

The district court found that Appellant, attorney Mark Hammons, "multiplied the[se] proceedings unreasonably, vexatiously, and recklessly" by filing a motion to enforce a settlement agreement that misstated opposing counsel's position without a reasonable basis, costing his opponents a needless expense of $7,974.20. It therefore levied a sanction in that amount against Mr. Hammons personally ... More...   $0 (03-24-2008 - OK)

... More...   $0 (02-27-2008 - OK)

Janet C. Manning appeals the district court's denial of a Fed. R. Civ. P. 60 motion requesting that the court either set aside an administrative offset to an award of attorney's fees the court made to her under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), or, alternatively, amend the fee order to award the EAJA fees to her counsel. The very narrow issues before us on appea... More...   $0 (12-20-2007 - OK)

�1 Carlis Anthony Ball, Appellant, was tried by jury and found guilty in the District Court of Tulsa County, Case No. CF-2005-2586, of Count I, murder in the first degree, in violation of 21 O.S.Supp.2004, � 701.7(C); and Count II, child neglect, in violation of 10 O.S.Supp.2002, � 7115 (C). The jury sentenced Appellant to life imprisonment without possibility of parole i... More...   $0 (11-14-2007 - OK)

Plaintiff Christian Heritage Academy ("Christian Heritage") filed this action pursuant to 42 U.S.C. § 1983 claiming, in pertinent part, that defendant Oklahoma Secondary School Activity Association's ("OSSAA's") membership requirements for nonpublic schools violated the Equal Protection Clause. The district court granted summary judgment in favor of OSSAA. Christian Heritage now appeals from th... More...   $0 (04-17-2007 - OK)

Kelly Grant, age 38, sued Progressive Casualty Insurance Co. under Title VII of the 1964 Civil Rights Act, 42 U.S.C. 2000e, claiming that she was discriminated against by Defendant because of her sex. Plaintiff alleged that her gender was a significant factor in Progressive's employment decisions toward her and that she was a victim of gender discrimination, retaliation and a hostile work envi... More...   $61000000 (02-24-2007 - OK)

Mr. Cooper started working for American in 1986 at its Tulsa, Oklahoma, maintenance base and describes himself as "a member of American's black minority work force." Aplt. Opening Br. at 1, ... More...   $0 (01-25-2007 - OK)

Ms. Green was employed at Canadian County's Juvenile Justice Center as a drug-lab technician and detention officer. Her primary duties were in th... More...   $0 (01-04-2007 - OK)

1 A single dispositive issue is presented on appeal: whether the affidavit of merit1 requirement of 63 O.S. Supp. 2003 §1-1708.1E2 is constitutional. We determine that the statute is an unconstitutional special law prohibited by the Oklahoma Constitution art. 5, §46.3 Furthermore, we hold that the requirement that a medical malpractice claimant obtain a professional's opinion that the cause is mer... More...   $0 (12-22-2006 - OK)

Plaintiff-Appellant Kelly Hackworth appeals from the district court's grant of summary judgment in favor of Defendants-Appellees Progressive Casualty Insurance Company and Jerry Johnson (collectively "Progressive") on her claim for damages pursuant to the Family and Medical Leave Act ("FMLA"), 29 U.S.C. 2601-2654. Ms. Hackworth challenges deference to a Department of Labor ("DOL") regulation de... More...   $0 (11-17-2006 - OK)

Shelle Hardin brought suit in federal district court alleging sex discrimination by her former employer, First Cash Financial Services. First Cash moved to compel arbitration pursuant to its newly adopted arbitration agreement. The court dismissed this motion, finding that Hardin had not agreed to be bound by the arbitration agreement. First Cash appealed pursuant to 9 U.S.C. § 16(a) of the Fe... More...   $0 (10-13-2006 - OK)

American with Disabilities Act (ADA) and Oklahoma Anti-Discrimination Act (OADA) claims based on hearing loss and Defendant's announcement that they would no longer accomodate disabilities. Jury Trial began February 22 and concluded on March 2, 2005 with Verdict for Plaintiff. Assessment of Front Pay and Attorney Fees will be later determined by Court.... More...   $472243 (12-31-1969 - OK)

Roy Johnson is an African-American who began working as a police officer for the Tulsa Police Department (TPD) in 1976. In 1994, he filed a compla... More...   $0 (09-27-2006 - OK)

Is there either an implied statutory remedy or a common-law Burk tort remedy for state age discrimination claims arising under the operation of the Oklahoma Const... More...   $0 (07-11-2006 - OK)

Callie Escue, formerly a student at Northern Oklahoma College (NOC), alleges that Richard Finton, her professor in spring 2002, sexually harassed her, and that NOC failed to supervise and investigate adequately Mr. Finton in this, and other prior incidents. The district court granted NOC's motion for summary judgment, and a jury found in favor of Mr. Finton. Here, Ms. Escue appeals the district... More...   $0 (06-16-2006 - OK)

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)

Plaintiff Raymond L. McIntosh appeals from the district court's grant of defendant Metropolitan Tulsa Transit Authority's (MTTA's) motion for summary judgment and denial of his motion to reconsider.(1) (No. 05-5097) MTTA cross-appeals from the district court's denial of its request for attorney's fees. (No. 05-5113) We review the district court's summary judgment decision de novo, applying the ... More...   $0 (04-26-2006 - OK)

Wrongful Termination and Discrimination based on the American with Disabilities Act (ADA) and the Oklahoma Anti-Discrimination Act (OADA). Thirty-four year employee who lost his hearing on the job brought suit against Sunoco for its failure to accomodate his disability and wrongful termination after Defendant's announcement that they would no longer accomodate disabilities. Defendant claimed t... More...   $472243 (03-03-2005 - OK)

Linda Bolin sued the Oklahoma Conference of the United Methodist Church on employment discrimination and retaliatory discharge theories claiming she was wrongfully discharge.... More...   $0 (02-13-2006 - OK)