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Oklahoma Law
 
McGowan v. Custer County

Fourteen Custer County female inmates sued Custer County, Sheriff Mike Burgess on civil rights violation theories under 42 U.S.c. 1983 claiming that former Custer County Sheriff Mike Burgess used the power of his office to force them to participate involuntarily in sexual activities with him to keep from being sent to prison.

The defenses asserted by Defendants... More...
   $10000000 (07-30-2010 - OK)

Mooring Capital Fund, L.L.C. v. Judy Knight

The commencement of a foreclosure action by Mooring Capital Fund, LLC (Capital) against borrower Phoenix Central Inc. (Phoenix) prompted Phoenix to bring tort and contract counterclaims against Capital. In addition, Phoenix’s president and sole shareholder, Judy Knight, pursued similar claims in her individual capacity against both Capital and its servicing agent, Mooring Financial Corporation (... More...   $0 (07-22-2010 - OK)

David Kinkaid v. Wal-Mart Stores East, L.P.

On June 16, 2006, while shopping in the Ponca City Wal-Mart, plaintiff David Kinkaid slipped and fell on one of many cardboard box lids that had been left on the floors of the aisles by merchandise stockers. He filed this diversity action against Wal-Mart Stores East, L.P., alleging that it failed to use ordinary care to keep its premises in a reasonably safe condition or to warn its customers of ... More...   $0 (07-20-2010 - OK)

Monica Maria Skrzypczak v. Roman Catholic Diocese of Tulsa

In this case we consider whether the district court correctly granted summary judgment in favor of the Roman Catholic Diocese of Tulsa on a former employee’s federal employment law claims, based on the ministerial exception to Title VII. After considering the parties’ arguments and the evidence in the record before us, we hold that the district court correctly dismissed the claims.

BACK... More...
   $0 (07-13-2010 - OK)

Francisca Torress v. Dale White and City of Tulsa

Torres Gomez was shot to death by now retired Tulsa Police Officer Dale White in 2007 after Gomez jumped out of a back window and fled when officers knocked on his apartment door seeking information about two armed robbery in the neighborhood. Gomez was not a suspect but was afraid of police officers because of previous problems with the law. Francisca Torress, Gomez' mother, sued Officer White o... More...   $0 (07-28-2010 - OK)

State of Oklahoma v. Alfred Brian Mitchell

¶1 Alfred Brian Mitchell, Appellant, was tried by a jury in June 1992 and convicted of First-Degree Malice Aforethought Murder, in violation of 21 O.S. 1991, § 701.7; Robbery with a Dangerous Weapon, in violation of 21 O.S.1991, § 801; Larceny of an Automobile, in violation of 21 O.S.1991, § 1720; First-Degree Rape, in violation of 21 O.S.1991, §§ 1111, 1114; and Forcible Anal Sodomy, in... More...   $0 (07-01-2010 - OK)

State of Oklahoma v. Torrez Ceasar

¶1 On July 25, 2008, Appellee Ceasar was charged with Count 1, First Degree Manslaughter in the commission of a misdemeanor, to wit, Driving while Privilege Suspended, and Count 2, Leaving the Scene of an Accident Resulting in Death, both after former conviction of two or more felonies, in Oklahoma County Case No. CF-2008-4264. Ceasar’s preliminary hearing was conducted on March 3 and March 3... More...   $0 (07-19-2010 - OK)

State ex rel. Edmondson v. Native Wholesale Supply

¶1 This appeal presents two dispositive issues for the court's resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the C... More...   $0 (07-06-2010 - OK)

United States Department of Justice v. QuikTrip Corproation

The United States Department of Justice claimed QuikTrip Corporation's stores violated the Americans With Disabilities Act (ADA) by not being sufficient accessible to people with disabilities. The DOJ claimed that QuikTrip's access ramps were too steep, that doors were too hared to open and that gas pumps were too hard to operate.... More...   $0 (07-20-2010 - OK)

Asset Acceptance, LLC v. Jena A. Smith

¶1 Asset Acceptance ("Asset") appeals the trial court order granting Appellee Jena M. Smith's ("Smith") request for prevailing party attorney fees. We find attorney fees are not recoverable here and reverse the decision.

¶2 Asset is a collection agency and assignee of Washington Mutual Bank, the Visa credit card issuing bank. The attorney fee award came from a petition filed by Asset to c... More...
   $0 (03-12-2010 - OK)

Bays Exploration, Inc. v. Douglas Jones

¶1 In this action initiated under the Surface Damages Act, 52 O.S. 2001 §§318.2 et seq. (the Act), Appellant, Bays Exploration, Inc. (Bays), appeals from the trial court's Order Granting Attorney's Fees and Costs to Defendant Douglas Jones (Jones). We hold the relief requested by Bays is precluded by the law of the case doctrine and affirm.

¶2 Jones is the surface owner of 140 acres of ... More...
   $0 (04-02-2010 - OK)

Alvis C. Higgins v. State of Oklahoma

¶1 Plaintiff/Appellant Alvin C. Higgins (Higgins) seeks review of the trial court's order denying his motion to expunge criminal records. In this appeal, Higgins asserts the trial court erred in denying his Petition for Writ of Habeas Corpus Ad Testificandum, and denying his motion to expunge in his absence, despite his entitlement to relief under 22 O.S. §§18 and 19.

¶2 Higgins was arr... More...
   $0 (04-02-2010 - OK)

Paula Crockett v. Central Oklahoma Transportation & Parking Authority

¶1 Paula Crockett appeals the decision of the district court granting Central Oklahoma Transportation and Parking Authority (COTPA)'s motion to dismiss her negligence suit on statute of limitation grounds. Based on our review of the record on appeal and applicable law, we reverse and remand for further proceedings.

BACKGROUND

¶2 This case arose from a March 2, 2007, incident involv... More...
   $0 (07-12-2010 - OK)

Terri L. Cope v. Rich Cope

¶1 Defendant/Appellant, Rich Cope (Father), appeals a summary judgment granted in favor of Plaintiff/Appellee, Terri L. Cope (Mother), determining that the parties' oral agreement waiving Mother's right to child support from Father was void and unenforceable, and awarding Mother a judgment against Father in the amount of $97,401.50 plus interest. After review, we reverse and remand with direction... More...   $0 (04-02-2010 - OK)

Alea London, Ltd. v. Canal Club, Inc.

¶1 Alea London Ltd.1 (Plaintiff) appeals a judgment which found the commercial general liability policy (CGL policy) it issued provided coverage for a damage award in another lawsuit (the underlying lawsuit) in favor of Erica L. Gilmore (Gilmore) and Charlena J. Kennedy (Kennedy) against Canal Club, Inc., d/b/a The Wild Coconut (Canal Club). We conclude the CGL policy does not provide such covera... More...   $0 (04-02-2010 - OK)

Aces A/C Supply North v. Security Bank

¶1 The trial court plaintiff, Aces A/C Supply North (Aces), appeals an order granting summary judgment to the defendant, Security Bank (Security). The trial court entered an order pursuant to 12 O.S.2001, § 994. This appeal proceeds under the accelerated appeal provisions of Okla. Sup. Ct. R. 1.36, 12 O.S. Supp. 2009, ch. 15, app.

BACKGROUND

¶2 The defendant, Terrell Heating & Air... More...
   $0 (04-02-2010 - OK)

Amanda E. Moran v. Edward D. Jones & Co., L.P.

¶1 Amanda E. Moran (Moran) appeals the trial court's September 29, 2009, order granting Edward D. Jones & Co., L.P., a Foreign Corporation; Edward Jones Financial Companies, L.L.L.P., a Foreign Corporation; Edward Jones Trust Company, a Foreign Corporation; Edward Jones Investments, a Foreign Corporation's (collectively, "Edward Jones") motion to compel arbitration. Based upon our review of the f... More...   $0 (04-02-2010 - OK)

Traders Insurance Company v. Julie Johnson

¶1 In this accelerated appeal, Plaintiff/Appellant, Traders Insurance Company (Traders), seeks review of a trial court order denying its motion for summary judgment and granting summary judgment to Defendants/Appellees, Julie Johnson and Billy Johnson (the Johnsons). We affirm in part, reverse in part, and remand for further proceedings.

BACKGROUND

¶2 In August 2006, the Johnsons p... More...
   $0 (04-02-2010 - OK)

Joshua Slate v. Amber Chadwick

¶1 This appeal involves multiple trial court rulings concerning the custody of the parties' minor son in this dissolution proceeding. Amber Chadwick (Mother) seeks reversal of the award of primary custody to Joshua Slate (Father), arguing the clear weight of the evidence does not support that ruling and its finding that Mother's child abuse allegation against Father was frivolous. Mother also all... More...   $0 (04-07-2010 - OK)

Dale McAlary v. State of Oklahoma ex rel. Oklahoma Department of Human Services

¶1 The State of Oklahoma ex rel. Oklahoma Department of Human Services (OKDHS), Howard Hendrick, Director of OKDHS, Oklahoma Health Care Authority (OHCA),1 Mike Fogarty, Director of OHCA, and Gerry Moore, individually, (collectively, the State) appeal the trial court's September 18, 2008, Order Granting Plaintiffs' Motion for Partial Summary Judgment in which the trial court found Dale McAlary an... More...   $0 (04-07-2010 - OK)

Jimmy R. Scott v. Independent School District No. 22 of Pushmataha County

¶1 Plaintiff Jimmy R. Scott, through his personal representative Donna Sue Brame, appeals a decision of the District Court of Pushmataha County granting summary judgment to defendant Independent School District #22 of Pushmataha County (School District) on Scott's claim for breach of contract. Based on our review of the record on appeal and applicable law, we reverse the district court's

g... More...
   $0 (04-07-2010 - OK)

John Husband v. Darlene Husband

¶1 The trial court respondent, Darlene Marie Husband (Wife), appeals from a Decree of Dissolution of Marriage in an action brought by petitioner, John Perrie Husband (Husband).

BACKGROUND

¶2 After forty-five years of marriage, Wife petitioned for separate maintenance. The trial court entered a separate maintenance decree on April 11, 2005. Both parties, represented by counsel, agre... More...
   $0 (04-15-2010 - OK)

Ronald Frantz v. D'Aurizio Drywall and Acoustics

1 Plaintiff Ronald Frantz (Frantz) appeals from an Order granting summary judgment in favor of Defendants D'Aurizio Drywall and Acoustics and Nick D'Aurizio (collectively, D'Aurizio defendants). The district court determined it does not have jurisdiction over Frantz's claims against the D'Aurizio defendants for enforcement of two Workers' Compensation Court awards (each properly certified unpaid) ... More...   $0 (04-15-2010 - OK)

Town of Goldsby v. City of Purcell

¶1 The City of Purcell appeals from the judgment of the district court declaring that a Purcell ordinance annexing territory was void for lack of proper statutory notice. Based on our review of the applicable law, we affirm.

BACKGROUND

¶2 The Town of Goldsby is a municipality located in McClain County, Oklahoma, and governed by a statutory board of trustees. Purcell is also a munic... More...
   $0 (04-15-2010 - OK)

Annette M. Triplett v. Mystaff Medical

¶1 This special proceeding to review an order of the Workers' Compensation trial court denying compensability to Claimant, Annette Triplett, turns on a single issue. We vacate the order and hold Claimant's injuries arose out of and in the course of her employment with Mystaff Medical.

¶2 Claimant worked in collections for Capital One Auto Finance. Mystaff Medical, a job placement service,... More...
   $0 (04-22-2010 - OK)

Deutsche Bank National Trust Company v. Sandi A. Roberts

¶1 In this foreclosure action, Defendant, Sandi A. Roberts (Homeowner), appeals the trial court's grant of summary judgment in favor of Plaintiff, Deutsche Bank National Trust Company (Bank). We affirm.

FACTS

¶2 Most of the facts are taken from the trial court's six-page journal entry of judgment. In 1988, Homeowner and her husband, Donald Roberts (Husband), bought a home, which is... More...
   $0 (04-22-2010 - OK)

Michael W. Lippitt v. Farmers Insurance Exchange

¶1 Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers New World Life Insurance Company (collectively, Farmers)1 appeal the September 22, 2008 Order Granting Preliminary Injunction preventing Farmers from terminating its contract with Michael W. Lippitt (Lippitt) while the case proceeds on the merits.

FACTS AND PROCEDURA... More...
   $0 (04-29-2010 - OK)

Dunbar Engineering Corporation v. Rhinosystems, Inc.

¶1 Rhinosystems, Inc., appeals the trial court's Order Compelling Arbitration filed on June 25, 2008, in which the trial court ordered Rhinosystems and Dunbar Engineering Corporation (Dunbar), to "proceed to arbitrate [their] controversy in accordance with the terms of the arbitration provision contained in the Engineering Services Proposal . . . ." We find that the trial court erred in refusing ... More...   $0 (05-06-2010 - OK)

Edith Jane Wilcoxson v. Woodward County EMS

¶1 Edith Jane Wilcoxson (Claimant) seeks review of an order of a three-judge panel of the Workers' Compensation Court, filed on December 10, 2008, affirming in part and modifying in part the trial court's order, which awarded Claimant eight weeks of temporary total disability (TTD) benefits for a neck injury she sustained while employed by Woodward County EMS (Employer). Based on our review of th... More...   $0 (05-06-2010 - OK)

Jack Rothrock v. Harold Keith Hartley

¶1 Appellant, Sandra L. Hartley Benefield,1 appeals the dismissal with prejudice of her petition to vacate a 1993 judgment quieting title to property in Appellees, Jack and Mary Rothrock (the Rothrocks). We affirm.

BACKGROUND

¶2 This dispute concerns a one-acre tract of property in Section 8, Township 15 North, Range 23 East, Cherokee County.

¶3 On August 9, 2007, Benefield... More...
   $0 (05-21-2010 - OK)

Terry G. Stephens v. Oklahoma Highway Patrol

¶1 Petitioner Terry G. Stephens (Claimant) seeks review of the trial court's order denying interest on an award against the Respondent Oklahoma Highway Patrol (Employer). In this review proceeding, Claimant challenges the denial of interest as contrary to law and equity.

¶2 Claimant suffered a job-related injury to his ears. Employer admitted occurrence of the injury, provided necessary m... More...
   $0 (05-21-2010 - OK)

Derald Ahlschlager v. Lawton School District, Independent School District 008 of Comanche County

¶1 The primary issue in this matter is the effect of noncompliance with title 62, section 362 of the Oklahoma Statutes which requires proof of a municipality's or school board's current indebtedness before a judgment may be entered in a suit based on contract. This Court holds that the failure to present proof of actual indebtedness for the fiscal year in which a judgment is entered in a contract... More...   $0 (06-01-2010 - OK)

Eagle Bluff, L.L.C. v. Patrick Taylor

¶1 The issue presented for certiorari review concerns the circumstances under which a trial court can award an attorney's fee to a plaintiff who prevails on his claim and defendants' counterclaims following transfer of the case from the small claims docket to the district court civil docket. More particularly, we are asked to determine whether an attorney's fee can be awarded under 12 O.S.2001 §... More...   $0 (06-22-2010 - OK)

Johnny and Patty Lafalier v. The Lead-Impacted Communities Relocation Assistance Trus

¶1 The questions presented in this appeal are (1) whether section 2205 of the Lead-Impacted Communities Relocation Assistance Act1 is unconstitutional, (2) whether section 2203(M) of the Lead-Impacted Communities Relocation Assistance Act is unconstitutional, and (3) whether section 307(D) of the Oklahoma Open Meeting Act (Open Meeting Act)2 authorizes a public body subject to its provisions to a... More...   $0 (06-22-2010 - OK)

Rural Water Sewer and Solid Waste Management, District No.1, Logan County, Oklahoma v. City of Guthrie

¶1 The Rural Water, Sewer, and Solid Waste Management District No. 1 (Logan-1), filed an action in the Western District of Oklahoma against the City of Guthrie, an Oklahoma Municipality and the Guthrie Public Works Authority, a public trust (collectively Guthrie), claiming unlawful encroachment on its service area in an alleged violation of a federal law that protects rural water districts from c... More...   $0 (06-29-2010 - OK)

City of Stillwater v. International Association of Fire Fighters

¶1 The essential issue before this Court is whether a contractual term regarding an increase in salary in the second year of a two-year collective bargaining agreement between the City of Stillwater and the Union representing the City's firefighters is void because it violates Article 10, § 26, of the Oklahoma Constitution. We hold that the contractual term increasing the salary of the firefight... More...   $0 (07-06-2010 - OK)

State ex rel. Oklahoma Department of Public Safety v. Noma Gurich

This Court assumed original jurisdiction to resolve important issues of public safety involving injuries to bystanders in police pursuits. The publici juris nature of those issues combined with the pressing need to resolve this matter and another matter which is pending on certiorari review1 is sufficient to invoke this Court's discretionary review. See Edmondson v. Pearce, 2004 OK 23, ¶ 11, 91 P... More...   $0 (07-07-2010 - OK)

State of Oklahoma ex rel. W.A. "Drew" Edmondson v. Native Wholesale Supply

¶1 This appeal presents two dispositive issues for the court's resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the C... More...   $0 (07-06-2010 - OK)

Jessica Riley v. Keith Lyons Trucking, Inc.

Jessica Riley sued Keith Lyons Trucking, Inc., Zurich Insurance and Empire Indemnity Insurance Co. on an auto negligence theory.

The claims made and defenses asserted are not available.... More...
   $15000 (05-18-2010 - OK)

Robert Fjeldsted v. Farmers Insurance Company

Robert Fjeldsted sued Farmers Insurance Company on a bad faith breach of contract theory.

The claims made and defenses asserted are not available.... More...
   $0 (05-05-2010 - OK)

 
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