| Oklahoma Law |
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LaQuinta Reherman v. St. John Health System, Inc.
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LaQuita Reherman sued St. John Health Systems, Inc. on a civil rights violation theory under the Americans With Disabilities Act (ADA) claiming that Defendant failed to accommodate her job as a scrub technician. Plaintiff who is hearing impaired could not function in operating rooms where doctors insisted on playing loud music while performing surgery. Plaintiff was removed from her operating ro... More... $100000 (11-19-2009 - OK)
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Monsi Kassa Tafari L'Ggrke v. Rebecca Lynn Sherman
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¶1 The dispositive issue presented is whether Monsi Kassa Tafari L'ggrke (appellant) should be granted leave to file his petition for certiorari out of time because he did not receive actual notice of the opinion of the Court of Civil Appeals (COCA) until after the mandate had been issued. Because actual notice of an appealable event triggers the time to file, the mandate is recalled and the appe... More... $0 (11-03-2009 - OK)
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Jerry Smith v. Pioneer Masonry, Inc.
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¶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)
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Gregory Ralph Wilhoit v. The State of Oklahoma
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¶1 The issue presented on certiorari review is whether a governmental tort claim for "wrongful conviction" under 51 O.S. Supp. 2003 §§ 154(B) and 156(H) can be pursued without a prior determination of "actual innocence" as provided in § 154(B). For the reasons that follow, we hold that certain claims for wrongful conviction can be pursued without a prior determination of "actual innocence."More... $0 (11-10-2009 - OK)
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Willbros USA, Inc. v. Certain Underwriters at Lloyds of London
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¶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)
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Arnold Johnson v. Merlen Suttles
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¶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)
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Justin B. Keller v. GMAC Global Relocation Services
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¶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)
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Jeffrey Taylor v. State ex rel. Oklahoma Police Pension and Retirement Board
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¶1 Petitioner/Appellant Jeffrey Taylor appeals the trial court's order affirming the Oklahoma Police Pension and Retirement Board's denial of his application for a disability benefit. The Board found competent evidence to rebut a statutory presumption that Taylor's disability was incurred while performing his job. After reviewing the facts and the law, we reverse and remand with instructions.1More... $0 (10-16-2009 - OK)
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International Union of Police v. City of Lawton
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¶1 Plaintiffs/Appellants International Union of Police Associations, Local No. 24, and Tommy Harrell (collectively, Union) seek review of the trial court's order granting the motion to dismiss of Defendant/Appellee City of Lawton (City) in Union's action for a declaratory judgment to determine its right, under the Oklahoma Open Records Act (ORA), 51 O.S. §§24A.1, et seq., to inspect the prelimi... More... $0 (10-16-2009 - OK)
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Rajina Hess v. Volkswagen of American, Inc.
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¶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)
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State of Oklahoma ex rel. Department of Transportation v. Gary Minor
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¶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)
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Dr. Michael Peterson, D.C. v. Ken Ray Underwood
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¶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)
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Latricia D. Lewis v. Wal-Mart Stores East, L.P.
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¶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)
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Nancy Lazelle v. Estate of Leon I. Crabtree
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¶1 Nancy Lazelle (Plaintiff) appeals the trial court's order finding that the will executed by Leon Crabtree (Decedent) in Arizona on July 19, 2004, is valid in all respects. Based on a review of the record and applicable law, we affirm the decision of the trial court.
BACKGROUND
¶2 On May 9, 2006, Decedent died leaving five brothers and sisters. He left neither a surviving spouse ... More... $0 (10-08-2009 - OK)
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Jose Gonzalez v. Dub Ross Company, Inc.
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¶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)
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Victor Dewayne Bryan v. Annette Bryan
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¶1 Annette Bryan (Wife) appeals from an order of the trial court denying her request to delay granting her divorce from Victor Dewayne Bryan (Husband). The issue on appeal is whether the trial court abused its discretion or ruled against the clear weight of the evidence in denying Wife's request to delay ruling on the divorce until May 6, 2009, so that she could become eligible for "full medical,... More... $0 (10-01-2009 - OK)
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Bobby Burghart v. Corrections Corporation of America, et al.
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¶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)
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Cornel Henry Williams v. New Beginnings Residential Care Home
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¶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)
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Carts & Parts, Inc. v. Antonio L. Rosales
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¶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)
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Lisa Nicole Bridges v. Brandon Yeager
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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)
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Kenneth Eugene Barrett v. Johnny Philpot, Sheriff of Sequoyah county, Oklahoma
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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)
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Steven Burkett v. Robert Hall
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Steven Burkett sued Robert Hall on an auto negligence theory. A 4 car rear end accident on I-44 with a $1,700.00 in meds and a lost income claim of $2,600.00. Defended on sudden emergency and contributory Neg. Plaintiff stopped suddenly because he was not paying attention to the road (allegedly).... More... $875 (10-16-2009 - OK)
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Jennifer M. Martin v. Tulsas Incredible Pizza Company, L.L.C.
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Jennifer M. Martin sued Tulsas Incredible Pizza Company, L.L.C. and Incredible Pizza Company, Inc. on a premises liability theory. The claims made and defenses asserted are not available.... More... $0 (10-07-2009 - OK)
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Robert J. Stalb v. Collins & Reynolds, L.L.C.
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Robert J. Stalb and Kelly L. Stalb sued Collins & Reynolds, L.L.C. on a fraud theory. The claims made and defenses asserted are not available.... More... $1000 (10-07-2009 - OK)
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Monther Katba v. Gregory Gordon Hall
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Monther Katba sued Gregory Gordon Hall on an auto negligence theory. The claims made and defenses asserted other than contributory fault are not available.... More... $0 (10-22-2009 - OK)
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Gotham Insurance Company A/S/O Tritex Real Estate Advisors, Inc. v. Emerson Motor Company, aka Emerson Electric Co.
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Gotham Insurance Company A/S/O Tritex Real Estate Advisors, Inc. sued Emerson Motor Company, aka Emerson Electric Co. on a subrogation theory. The claims made and defenses asserted are not available.... More... $50000 (10-07-2009 - OK)
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Jennifer Weiser v. Wells Fargo Auto Finance
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Jennifer Weiser and Errick Weiser sued Wells Fargo Auto Finance on a consumer fraud theory. The claims made and defenses asserted are not available.... More... $0 (10-16-2009 - OK)
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John McGlothlin, Personal Representative of the Estate of Gary Dayne
McGlothlin v. Sheila J. Stanek, D.O. and Urgent Care Of Green Country, P.L.L.C.
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John McGlothlin, the Personal Representative of the Estate of Gary Dayne McGlothlin, deceased sued Sheila J. Stanek, D.O. and Urgent Care Of Green Country, P.L.L.C. on a medical negligence (medical malpractice) theory. The claims made and defenses asserted are not available.... More... $0 (11-01-2009 - OK)
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Kim Holland Insurance Commissioners v. Van Russell
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Kim Holland, the Oklahoma Insurance Commissioners, sued Van Russell on a fraud theory. Breach of Contract (Anticipatory Repudiation) and Money had and Received.
Defenses included Statute of Limitations, Failure of Consideration and Release.... More... $225000 (10-07-2009 - OK)
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Jeffrey Jones v. Craig Wilkerson and Kyle Bates
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Jeffrey Jones sued Craig Wilkerson and Kyle Bates on a personal tort (negligence) theory. Plaintiff claimed he was injured in the automobile accident, which Defendant did not deny. Defendant denied the nature and extent of the injury. Plaintiff was claiming approximately $20,000 in medical bills and $2,200 in lost wages.... More... $18000 (10-27-2009 - OK)
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Brian Pennell v. Jackie Cooper Imports, LLC
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Brian Pennell sued Jackie Cooper Imports, LLC on a fraud theory. The claims made and defenses asserted are not available.... More... $52500 (10-29-2009 - OK)
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Eileen Thomas v. Christine McWaters
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Eileen Thomas sued Christine McWaters on an auto negligence theory. The claims made and defenses asserted other than contributory fault on the part of the Plaintiff are not available.... More... $0 (10-06-2009 - OK)
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John W. Easton v. Dealers Auto Auction of Oklahoma City, Inc.
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John W. Easton sued the Dealers Auto Auction of Oklahoma City, Inc. on an auto negligence theory. The claims made and defenses asserted are not available.... More... $14500 (10-27-2009 - OK)
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Oliver Down, LLC v. Chateau Imports Inc., Sharon M. Turner, and Robert L. Turner
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Oliver Down, LLC sued Chateau Imports Inc., Sharon M. Turner, and Robert L. Turner on a breach of contract theory to collect a debt. The claims made and defenses asserted are not available.... More... $125000 (10-27-2009 - OK)
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Iba Trotter v. Board of County Commissioners of the County of Siminole
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Iba Trotter sued the Board of County Commissioners of Seminole County on a governmental tort claim negligence theory. The claims made and defenses asserted are not available.... More... $120000 (10-20-2009 - OK)
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Kevin Smith v. The City of Oklahoma City
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Kevin Smith sued The City of Oklahoma City on a governmental tort claim theory. The claims made and defenses asserted are not available.... More... $7500 (10-21-2009 - OK)
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Kelly Parsons v. Michael A. Trojanowski, Ricky L. Meyers and Eurodent-Hagelmanagement
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Kelly Parsons, Kirk Price and Shannon Davis sued Michael A. Trojanowski, Ricky L. Meyers, Eurodent-Hagelmanagement on a breach of contract theory.... More... $135000 (10-08-2009 - OK)
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Diane Carol Williams v. Precision Drilling Corporation
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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)
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Richard Kincaid v. William Daniel Gwaltney and Jessica Deanne Eddings
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Richard Kincaid sued William Daniel Gwaltney and Jessica Deanne Eddings on auto negligence theories. The claims made and defenses asserted are not available.... More... $40000 (10-14-2009 - OK)
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Kerry Noland v. Christopher Coats
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Kerry Noland sued Christopher Coats on an auto negligence theory. Plaintiff was a passenger on a motorcycle driven by her then-husband, the defendant. She claimed he drove too fast and did not pay proper attn. and crossed a railroad track. This caused plaintiff to be elevated off her seat. Upon returning to the seat, she ruptured a disc and required low back surgery which was done by Dr. Barry.... More... $0 (10-07-2009 - OK)
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