62 results for 'court:"Oklahoma Supreme Court"'.
J. Combs, on interlocutory appeal, finds the trial court improperly denied the reproductive care advocacy group's request for a temporary injunction during its challenge of state abortion legislation. One challenged law creates penalties, including criminal sanctions, and provides paths for civil malpractice actions and professional discipline, while another requires certification before one can provide abortion-inducing drugs. Evidence shows the laws would place unnecessary burdens on lawful pregnancy termination. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs, Filed On: November 14, 2023, Case #: 119918, Categories: Constitution, Health Care
J. Kuehn suspends James Harry Lockard from the practice of law as final discipline for his no-contest plea convictions for domestic assault and public intoxication. Lockard was arrested after his wife reported he had punched and kicked her, and grabbed her throat. He was found by police in a public area in pajama pants with no shirt, no shoes and one sock. Though he has shown remorse and willingness to change, mitigating evidence did not include proof of AA meeting attendance, urinalysis test results or testimony of his commitment to sobriety. The evidence lacked assurance that he is ready to continue representation of death row inmates without completing his criminal probation.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: November 14, 2023, Case #: SCBD-7505, Categories: Evidence, Attorney Discipline
J. Kuehn finds the court of civil appeals improperly affirmed the district court's admission of a will to probate after denying challenges brought by the testator's son. The son's evidence for fraud was strong enough to shift the burden of rebutting an inference of fraud to the daughter, who had sought to have herself named personal representative. Vacated.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: November 14, 2023, Case #: 120042, Categories: Evidence, Fraud, Wills / Probate
J. Edmondson finds the court of civil appeals improperly reversed the trial court’s holding that the insurance company’s release failed to include an assignment from the party injured in a car accident. The insurer disputed charges by the medical providers in its release and the trial court ruled that there was no assignment by the injured party. The Oklahoma Supreme Court finds there is no assignment in the release and no questions of fact. Without evidence of fraud, precontract negotiations are superseded by the release. The appeals court is vacated, and the matter is remanded to the trial court.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: November 7, 2023, Case #: 119644, Categories: Health Care, Insurance
Per curiam, the Oklahoma Supreme Court approves District Judge Timothy Henderson’s resignation from the Oklahoma Bar pending disciplinary proceedings after he was charged for having undisclosed sexual relationships with two assistant district attorneys who prosecuted criminal cases in his court. The judge has complied with all rules and has not been subject to coercion or duress.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: November 6, 2023, Case #: SCBD-7527, Categories: Judiciary, Attorney Discipline
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J. Kauger finds the trial court properly determined that proceeds from a wrongful death suit were not property of the probate estate but belonged to the family trust. The mother, who died before receiving wrongful death proceeds from the suit involving her son’s death in police custody, allocated proceeds of over $1 million to be distributed to her trust. The personal representative of the deceased father’s estate says the proceeds belong in probate. Proceeds from a wrongful death lawsuit can be transferred into a trust before they are obtained by the trust settlor. Nothing in the will and trust statutes prohibits the transfer of expected proceeds into a trust. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 24, 2023, Case #: 119694, Categories: Trusts, Wills / Probate, Wrongful Death
J. Kuehn finds the District Court of Oklahoma County improperly granted the church injunctive relief when it sought to disaffiliate with the conference while retaining its real property. The relief violates church autonomy doctrine and the court lacked subject matter jurisdiction. The Oklahoma Supreme Court previously granted the conference writs of mandamus and prohibition and remands the case with instructions to dismiss.
Court: Oklahoma Supreme Court, Judge: Kuehn, Filed On: October 24, 2023, Case #: 121483, Categories: Property, Jurisdiction, Injunction
J. Kauger finds the trial court improperly dismissed this suit arising from injuries sustained by citizens in a collision with an Oklahoma Highway Patrol Trooper. A letter asking the highway patrol to preserve evidence was determined by the Office of Management & Enterprise Services to be statutory notice of a governmental tort claim, triggering Oklahoma Governmental Tort Claims Act limits. The trial court then determined that time limit had expired when the suit was filed. The letter did not include language and information complying with the Act as constituting notice. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 17, 2023, Case #: 121422, Categories: Government, Tort, Vehicle
J. Kauger suspends attorney James Reedy’s license to practice law in Oklahoma after his guilty plea to a felony drunk driving accident in Alabama that killed a bicyclist. The attorney did not alert the Oklahoma or Alabama Bars of his criminal charges, resulting in a six-year lapse in resolution. The better practice involving concerns of a lawyer’s potential fitness to practice law would have been to self-report. Because another person was killed, and the cause was no routine misdemeanor, a suspension for two years and one day and the payment of costs is appropriate.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 17, 2023, Case #: SCBD-7268, Categories: Vehicle, Wrongful Death, Attorney Discipline
[Consolidated.] J. Rowe, on certiorari, finds the court of civil appeals properly found the district court had limited jurisdiction to hear the Department of Corrections suit against the state auditor, affirming its conclusion that the Tulsa County jail’s “actual daily cost” to house inmates includes consumable and fixed costs. The state auditor’ failed to account for the additional costs for housing an inmate not otherwise incurred as to be “reimbursed” by the state, as predicated on the inmate’s presence. The auditor employed an “operating cost-based calculation,” which does not result in a determination of “actual daily cost.”
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: October 10, 2023, Case #: 119,907, Categories: Administrative Law, Due Process
J. Kuehn disbars attorney Lance T. Lance pursuant to disciplinary proceedings for grievances and convictions on criminal cases. The attorney pled no contest to DUI, violation of a protective order, possession of meth, possession of drug paraphernalia and obstructing an officer. Formal complaints were filed against the attorney for failure to appear on clients’ behalf, failure to communicate with clients, failure to complete work, failure to complete continuing legal education and the unauthorized practice of law while under suspension. All evidence supports the court’s decision.
Court: Oklahoma Supreme Court, Judge: Kuehn, Filed On: October 10, 2023, Case #: 2023 OK 98, Categories: Administrative Law, Attorney Discipline
J. Kane finds the district court properly affirmed the state water board’s final order granting a permit to Oklahoma City to divert stream water from the Kiamichi River. The board has followed the appropriations system since 1993. The statutes are within the state’s police powers, constitution and the administrative system’s authority to determine water rights of Oklahomans and issue permits. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kane, Filed On: October 3, 2023, Case #: 118892, Categories: Constitution, Municipal Law, Water
J. Rowe finds the trial court properly sustained the grocery store's challenge to evidence sufficiency in this negligence suit brought by a contractor who fell off a ladder supplied by the store when installing a new checkout lane. While a property owner has a duty to keep the premises reasonably safe for a contractor, there is an exception when the owner does not direct the work and the hazards resulting in injury are incidental to the work. The contractor has failed to establish that the owner owed him a duty of care. Affirmed.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: September 26, 2023, Case #: 120434, Categories: Construction, Tort, Negligence
J. Edmondson finds the court of appeals improperly reversed the trial court's summary judgment in favor of the petroleum lessor. Exhibits presented during summary proceedings were insufficient to show a material fact that a well was commercially profitable. An overriding royalty interest may be extinguished by an extinguishment of the working interest from which it was fashioned by the lessee's surrender in substantial compliance with the lease. The appeals court opinion is vacated. The trial court's judgment is reversed, and the matter remanded for further proceedings.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: September 19, 2023, Case #: 119810, Categories: Energy, Property, Contract
J. Edmondson recasts the appeal and requested extraordinary relief as an original jurisdiction supervisory proceeding with an application to assume original jurisdiction and a request for a writ of mandamus. The Oklahoma Supreme Court assumes original jurisdiction and issues the writ ordering the assigned judge in the district court to conduct a hearing on the motion to dismiss that was filed pursuant to the Oklahoma Citizens Participation Act. The district court's order denying the motion to dismiss as by operation of law is vacated with directions.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: September 19, 2023, Case #: 121230, Categories: Administrative Law, Jurisdiction
J. Kauger finds the trial court properly found in favor of the event venue in a lawsuit accusing it of allowing an intoxicated patron to leave the event, resulting in an accident that killed the family's daughter. Oklahoma law does not recognize a duty on the part of a private venue extending to third parties killed by a voluntarily intoxicated adult who attended but was not "over-served." The parents have not alleged that the patron was over-served. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kauger , Filed On: September 19, 2023, Case #: 120915, Categories: Vehicle, Damages, Wrongful Death
Per curiam, the Supreme Court of Oklahoma reinstates attorney Joshua Welch to the Oklahoma Bar. He has met all procedural requirements, has established by clear and convincing evidence that he has not engaged in the unauthorized practice of law and possesses competency and knowledge of law, and has established that he has good moral character.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: September 18, 2023, Case #: SCBD-7428, Categories: Licensing, Attorney Discipline
J. Combs finds that the court of civil appeals improperly dismissed the borrower's counter-appeal arising from this foreclosure action. Evidence provided by the borrower supports the trial court's original decision to deny the motion for directed verdict and to submit the issue to the jury. The borrower was in default at the time the mortgage servicer began servicing her loan, in violation of the FDCPA. Reversed in part.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: September 12, 2023, Case #: 118680, Categories: Banking / Lending, Foreclosure, Attorney Fees
J. Winchester suspends Ryan Wiehl's license to practice law for two years following his plea of no contest to three felony charges of assault and battery and 12 misdemeanor charges after a drunken altercation in a bar. The attorney's actions are clear and convincing evidence of conduct that reflects adversely on the legal profession in violation of his professional duties. His remorse and his honesty regarding his efforts to address his unhealthy relationship with alcohol are noted.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: September 12, 2023, Case #: SCBD-7359, Categories: Attorney Discipline
J. Winchester, under previously assumed jurisdiction, approves the turnpike authority’s application to approve revenue bonds to finance the construction of three turnpike projects, update and repair turnpike facilities and infrastructure, refund prior revenue bonds and notes, and pay other costs. Protestants say that the authority was statutorily allowed one bond issue for the entire construction of four turnpikes. Since the authority did not previously construct the entire loop from the first bond issue, the protestants contend that it is barred from issuing any more bonds. The relevant title provides that if the court is satisfied that the bonds have been properly authorized in accordance with the Oklahoma Highway Code, it shall approve the revenue bonds. This is in keeping with 30 years of precedent. The authority has properly exercised its authority to determine the routes and has legislative authority to issue additional bonds. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: August 1, 2023, Case #: 120619, Categories: Administrative Law, Construction, Municipal Law
J. Rowe grants the attorney’s petition for reinstatement to the Oklahoma Bar after a two-year suspension resulting from grievances alleging his failure to competently and diligently represent clients, collecting of unreasonable fees, mishandling of property and other acts contrary to standards of conduct. During suspension, he worked as a paralegal, substitute teacher and chauffeur. He earned 49 continued legal education credits, ethics credits and continued to read the Bar Journal, writing an article about money management and avoiding mistakes resulting in discipline. The attorney has complied with all requirements and the panel unanimously recommends reinstatement.
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: June 27, 2023, Case #: SCBD-7375, Categories: Employment, Legal Malpractice, Attorney Discipline
J. Kuehn, on certiorari, finds the court of appeals improperly reversed the trial court’s divorce decree and property division. Certain oil AND gas equity units received in exchange for capital, and other profit units granted as reward and in consideration of services, were acquired during the marriage through joint efforts of both parties. Deferred distribution of the assets through a constructive trust was properly arranged. The court of appeals opinion is vacated. The trial court’s judgment is affirmed.
Court: Oklahoma Supreme Court, Judge: Kuehn, Filed On: June 20, 2023, Case #: 118853, Categories: Family Law, Property, Securities
J. Kuehn, on certiorari from the court of civil appeals, finds the appeals court properly affirmed the trial court’s finding that the maternity patient who miscarried was precluded from reasserting her negligence claims in this second lawsuit because she didn't seek review of the dismissal of those claims in the first lawsuit. The patient brought negligence and intentional infliction of emotional distress claims after she was shown photos of her miscarried child’s remains as part of the hospital’s bereavement program. The patient could not reassert the same negligence claims in the second lawsuit, though her invasion-of-privacy theory did properly state a claim. The court of appeals decision is vacated. The trial court is affirmed in part, reversed in part and remanded.
Court: Oklahoma Supreme Court, Judge: Kuehn, Filed On: June 20, 2023, Case #: 119901, Categories: Health Care, Negligence, Emotional Distress
J. Edmondson finds the trial court improperly granted summary judgment to the city in this suit brought by the hotel operator on claims that the Tulsa Tourism Improvement District was improperly created because more than 50% of hotel owners protested. The city has produced only disputed evidence, which is insufficient to support the court’s conclusion that certain “Notices to the Public” were not sufficient protests in writing because they were “prepared, signed and delivered” after the district was created. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 119662, Categories: Administrative Law, Municipal Law, Due Process
J. Edmondson finds the district court properly granted the state’s motion to dismiss this action filed by an attorney challenging a $10 “Lengthy Trial Fund” fee, alleging that it is unconstitutional. The relevant statute does not unreasonably create two classes of litigants similarly situated, and the attorney fails to state a claim. Affirmed.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 120589, Categories: Administrative Law, Constitution, Judiciary
J. Winchester finds the district court improperly granted summary judgment in favor of the landowners seeking declaratory judgment and injunctive relief as to the Oklahoma Turnpike Authority’s allegedly untimely and insufficient notice of the proposed turnpikes. The authority gave sufficient notice of the agenda items that the landowners challenge and the level of specificity expected by the landowners in these items is not required by the Open Meetings Act. The announcement of the ACCESS Oklahoma Program did not violate the Act because it was for informational purposes only. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: May 31, 2023, Case #: 120981, Categories: Government, Public Record, Agency
Per curiam, the Supreme Court of Oklahoma assumes original jurisdiction, granting the advocacy group’s petition seeking declaratory relief, denying its request for injunction of enforcement of two laws which criminalize abortion. The court holds that both bills are unconstitutional and does not reach the rest of the challenges.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: 120376, Categories: Constitution, Health Care
J. Rowe, on certiorari, finds the Oklahoma court of civil appeals improperly affirmed the trial court’s granting of summary judgment to the mortgagor in this foreclosure action. The borrower, an attorney, filed an answer in an earlier foreclosure noting that his right of first refusal had expired, claiming that he had been improperly named as defendant and demanding the claims be dismissed with prejudice, with which the bank complied. For claim preclusion to be invoked, there must be a final judgment on the merits in a prior action. The bank’s dismissal of its claim based on the borrower’s right of first refusal does not amount to a final judgment on the merits. The court of civil appeals opinion is vacated. The trial court’s judgment is reversed.
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: May 31, 2023, Case #: 119609, Categories: Due Process, Banking / Lending, Foreclosure