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)

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)

James E. Stevenson, Jr., appeals pro se from a district court order that dismissed his civil-rights complaint as time barred. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

BACKGROUND

Mr. Stevenson filed his 42 U.S.C. § 1983 complaint pro se on June 11, 2008. He alleged that he was falsely arrested and beaten by deputies of the Carter County, Oklahoma, Sheriff’s Offi... 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 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 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)

Pretrial-detainee Charles Leon Weatherford suffered a fatal heart attack while incarcerated in the Muskogee County Detention Center (MCDC). Defendant-Appellant Debbie Taylor was the supervisor on duty at the time. Weatherford’s estate filed a 42 U.S.C. § 1983 action against Taylor and other defendants.

In this interlocutory appeal from an order denying summary judgment, we must decide ... More...   $0 (10-07-2009 - 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 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)

¶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)

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)

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)

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)

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)

Defendant A. Passmore & Sons, Inc. (“APSI”) 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 Plaintiff brought this action to recover delinquent installments which had accrued from defaulted sewer improvement district bonds and for other relief. The trial court sustained demurrers to the evidence interposed by separate defendants and plaintiff has appealed from this judgment.

¶2 No questions are presented as to legality of creation of the improvement district, assessment proce... More...   $0 (10-03-1967 - 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 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)

¶1 Defendant, Regina Ashley n/k/a Williams, appeals from the trial court's denial of her motion to release a judgment lien held by Plaintiff, Bank of Oklahoma (Bank). At issue is a question of first impression: Does a pre-existing judgment lien on a debtor's real property survive a bankruptcy discharge in light of 12 O.S.2001 § 706(E)(2)? We find that it does and affirm.

FACTS

¶2 ... More...   $0 (05-14-2009 - OK)

Tammy A. Harjo appeals from a judgment of the district court affirming the Commissioner’s denial of her application for Social Security disability benefits and supplemental security income payments. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), we affirm.

I. Background

Ms. Harjo claims she has been disabled since January 2003 due to a combination of impai... More...   $0 (07-11-2009 - 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)

¶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 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 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)

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, Newton Agrawal, Ph.D., appeals from the district court’s April 10, 2008, sealed minute entry enforcing a settlement agreement between himself and Defendant-Appellee, the University of Oklahoma Board of Regents (the University). The parties are familiar with the facts and the procedural history of this case and we need not restate either in detail here. Suffice it to say that... More...   $0 (06-10-2009 - OK)

Defendants-Counter-Claimants-Appellants—Robert L. Stone, Cynthia A. Stone, Robert Stone, M.D., and The Children’s Fund (referred to collectively as the Stones)—appeal the district court’s judgment in favor of the Plaintiffs- Counter-Defendants-Appellees, David Kinnard, Roger Kinnard, Mark Reinitz, and Plaintiff-Appellee Springfield Holding Co. (referred to collectively as the Kinnards, giv... More...   $0 (06-08-2009 - OK)

Plaintiff-Appellant, the United Keetoowah Band of Cherokee Indians of Oklahoma (“UKB”), is challenging a final agency action by the United States Department of Housing and Urban Development (“HUD”) which drastically reduced the federal funding that the UKB received for housing under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ 4101-424... More...   $0 (06-05-2009 - OK)