8 results for 'judge:"Kuehn "'.
J. Kuehn finds the district court improperly found the transportation company's claims were only for property loss and statutorily capped at $25,000. The company submitted a Tort Claims Act claim to the state Risk Management Department after its truck was damaged, catching fire after a head-on collision with a vehicle owned by the state college and driven by a college employee. The office settled for the statutory amount of $25,000 and the company claimed consequential damages of $68,636. The relevant statute allows for separate claims for property loss and any other loss caused by the state, and the consequential losses are subject to the $125,000 cap. Reversed.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: December 19, 2023, Case #: 121252, Categories: Government, Tort, Vehicle
J. Kuehn finds the trial court properly denied the daughter's motion to remove the administrator of her father's estate. The father was killed by a wrong-way driver, leaving only his daughters as heirs and no will. The daughter does not claim malfeasance, neglect or deficient performance by the attorneys handling the wrongful death suit. The trial court considered the testimony of both parties before concluding there was no reason to remove the appointed probate attorney. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: December 12, 2023, Case #: 120759, Categories: Wills / Probate, Wrongful Death
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. 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
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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. 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. 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