Oklahoma Appeals - The Podcast: Recent Episodes
Gabe Bass and Jana Knott
Conversations about Oklahoma civil appeals and litigation. A discussion of issues related to the practice of law in Oklahoma with an emphasis on recently published civil appellate court opinions (Oklahoma Supreme Court, Oklahoma Court of Civil Appeals and select federal opinions). Some episodes also include appellate law “pro tips” for practitioners.
Jana and Gabe sit down with Miles Pringle, president of the Oklahoma Bar Association. Miles doesn't hold back as he tackles the hot-button issues facing the OBA, from the intricacies of a proposed dues increase to the vigorous debates surrounding the Judicial Nominating Commission. He also provides an insider's look at the OBA's post-pandemic landscape and the innovative ways the OBA is serving Oklahoma attorneys. For anyone curious about the gears that turn behind the scenes at the OBA, this conversation with Miles will not disappoint.
In this episode:
2024 OK 1, 01/30/2024, STRICKLEN v. MULTIPLE INJURY TRUST FUND
2024 OK 2, 02/06/2024, IN RE GUARDIANSHIP OF L.A.C.
2024 OK 3, 02/06/2024, BASE v. DEVON ENERGY PRODUCTION
2024 OK 4, 02/13/2024, JACKSON COUNTY EMERGENCY MEDICAL SERVICE DISTRICT v. KIRKLAND
2024 OK 9, 02/27/2024, BRASSFIELD v. STATE
2024 OK 10, 03/04/2024, BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY v. KING
2024 OK 13, 03/04/2024, STATE CHAMBER OF OKLAHOMA v. COBBS
2024 OK 14, 03/05/2024, IN THE MATTER OF E.J.T.
2024 OK 17, 03/12/2024, BROWN v. DEMPSTER
2024 OK 19, 03/12/2024, SCHIEWE v. CESSNA AIRCRAFT CO
2024 OK 21, 04/02/2024, STITT v. TREAT
2024 OK 23, 04/02/2024, INDEPENDENT SCHOOL DISTRICT #52 OF OKLAHOMA COUNTY v. WALTERS
2024 OK 25, 04/08/2024, FLEIG v. LANDMARK CONSTRUCTION GROUP
We sit down with none other than Chief Justice John Kane IV of the Oklahoma Supreme Court, in what marks his debut on the podcast frontier. Embark on a journey through the corridors of justice with a man whose career is not just a profession but a family legacy. Chief Justice Kane opens the doors to his storied ascent from the private law firm trenches of Pawhuska to the pinnacle of judicial responsibility, all the while humbly reflecting on the profound honor and unexpected turns that have shaped his path.
As the gavel falls on this episode, we celebrate the strides made in the Oklahoma judicial system, from the much-anticipated e-filing system that is revolutionizing court proceedings to the unique autonomy of each justice’s chambers—akin to a constellation of private law firms. You’ll gain an appreciation for the weekly rhythm that governs the hallowed halls of the Supreme Court. We also delve into the art of impactful oral advocacy and the crafting of compelling briefs. We even take a moment to muse on what life might have held for Chief Justice Kane if the family tradition of law and ranching hadn't called.
In this episode:
2023 OK 108, 11/14/2023, CATHEY v. BOARD OF COUNTY COMMISSIONERS FOR MCCURTAIN COUNTY
2023 OK 116, 12/12/2023, CANTWELL v. FLEX-N-GATE
2023 OK 117, 12/12/2023, IN THE MATTER OF THE ESTATE OF LANDING
2023 OK 120, 12/19/2023, AMOORPOUR v. KIRKHAM
2023 OK 121, 12/19/2023, FRANK BARTEL TRANSPORTATION v. STATE ex rel. MURRAY STATE COLLEGE
2023 OK 122, 12/19/2023, IN THE MATTER OF THE ADOPTION OF A.J.B.
2023 OK 123, 12/19/2023, IN THE MATTER OF THE ESTATE OF GEORGES
In this episode:
2023 OK 109, 11/14/2023, RIVENBURG v. CILIBERTI
2023 OK 111, 11/14/2023, OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE v. DRUMMOND
2023 OK 112, 11/14/2023, SCOTT v. FOSTER
In this episode:
2023 OK 100, 10/17/2023, ULLMAN v. OKLAHOMA HIGHWAY PATROL
2023 OK 101, 10/24/2023, OKLAHOMA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH v. TIMMONS
2023 OK 102, 10/24/2023, OKLAHOMA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH v. TIMMONS
2023 OK 103, 10/24/2023, HAMILTON v. WELSH
2023 OK 105, 11/07/2023, ACCIDENT CARE AND TREATMENT CENTER v. CSAA GENERAL INSURANCE CO.
In this episode:
2023 OK 33, 04/04/2023, OKLA. GAS AND ELECTRIC CO. v. STATE ex rel. OKLA. CORPORATION COMMISSION
2023 OK 59, 05/31/2023, HIRSCHFELD v. OKLAHOMA TURNPIKE AUTHORITY
2023 OK 84, 08/01/2023, IN THE MATTER OF THE APPLICATION OF THE OKLAHOMA TURNPIKE AUTHORITY
2023 OK 86, 09/12/2023, U.S. BANK NATIONAL ASSOC. v. HILL
2023 OK 89, 09/19/2023, BS&B SAFETY SYSTEMS v. EDGERTON
2023 OK 90, 09/19/2023, OIL VALLEY PETROLEUM v. MOORE
2023 OK 91, 09/19/2023, MURROW v. PENNEY
2023 OK 92, 09/26/2023, BIRD v. PRUETT'S FOOD
2023 OK 96, 10/03/2023, LEO v. OKLAHOMA WATER RESOURCES BOARD
2023 OK 97, 10/10/2023, OKLAHOMA DEPT. OF CORRECTIONS v. BYRD
Cases discussed in this episode:
2023 OK 61, 531 P.3d 114, 05/31/2023, TIB-THE INDEPENDENT BANKERS BANK v. GOERKE
2023 OK 62, 532 P.3d 21, 06/06/2023, MTGLQ INVESTORS v. WITHERSPOON
2023 OK 69, 532 P.3d 28, 06/13/2023, TOCH v. CITY OF TULSA
2023 OK 70, 532 P.3d 36, 06/13/2023, BERKSON v. STATE ex rel. ASKINS AS ADMINISTRATIVE DIRECTOR OF THE COURTS
2023 OK 74, 06/20/2023, CHILDERS v. ARROWOOD
2023 OK 80, 06/20/2023, GUILBEAU v. DURANT H.M.A.
2023 OK 81, 06/20/2023, FITZPATRICK v. FITZPATRICK
Cases discussed in this episode:
2023 OK 47 NORRIS v. POOL
2023 OK 48 IN THE MATTER OF THE ADOPTION OF L.B.L.
2023 OK 49 IN THE MATTER OF S.J.W.
2023 OK 50 IN THE MATTER OF THE ESTATE OF PARKER
2023 OK 51 TERRAL TELEPHONE CO. v. OKLAHOMA STATE BD. OF EQUALIZATION
2023 OK 52 HERRERA-CHACON v. STATE
2023 OK 57 PIKE OFF OTA v. OKLAHOMA TURNPIKE AUTHORITY
2023 OK 60 OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE v. STATE OF OKLAHOMA
Rule changes and cases covered in this episode include:
2023 OK 11, 525 P.3d 28, 02/14/2023, KPIELE-PODA v. PATTERSON-UTI ENERGY
2023 OK 12, 529 P.3d 905, 02/14/2023, OWENS v. OWENS
2023 OK 13, 532 P.3d 1, 02/14/2023, TRES C v. RAKER RESOURCES
2023 OK 14, 524 P.3d 1283, 02/14/2023, MEGEE v. EL PATIO
2023 OK 21, 03/06/2023, IN RE AMENDMENT TO OKLAHOMA SUPREME COURT RULE 1.200
2023 OK 22, 03/21/2023, CHIMENTO v. GALLAGHER BENEFIT SERVICES
2023 OK 24, 526 P.3d 1123, 03/21/2023, OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE v. DRUMMOND
2023 OK 26, 03/28/2023, SHELLEM v. GRUNEWELD
2023 OK 28, 03/27/2023, IN RE AMENDMENT OF OKLAHOMA SUPREME COURT, RULE 1.20 AND 1.22
2023 OK 42, 528 P.3d 772, 04/18/2023, SCHLUMBERGER TECHNOLOGY CORP. v. PAREDES
2023 OK 43, 04/17/2023, IN RE AMENDMENT OF RULE 1.60, OKLAHOMA SUPREME COURT RULES
2023 OK 44, 04/17/2023, IN RE: AMENDMENT OF OKLAHOMA SUPREME COURT RULE 1.4
A conversation with Janet Johnson, the recently installed Executive Director of the Oklahoma Bar Association.
A discussion with the Honorable Scott Rowland of the Oklahoma Court of Criminal Appeals.
A new OK Supreme Court website and published opinions from the Oklahoma Supreme Court and Court of Civil Appeals. Cases discussed in this episode:
2023 OK 7, 02/07/2023, GRAY v. FIDELITY BROKERAGE SERVICES
2023 OK CIV APP 1, 12/07/2022, TRAITZ v. TRAITZ
2023 OK CIV APP 2, 12/16/2022, WHITE v. 918 CONSTRUCTION
OK Supreme Court rule changes and published opinions from the Court from September 22nd through the end of 2022. Discussed in this episode:
2022 OK 78, 09/27/2022, LAUBACH v. LAUBACH
2022 OK 79, 518 P.3d 531, 10/04/2022, WESTERN HEIGHTS INDEPENDENT SCHOOL DISTRICT v. STATE
2022 OK 80, 519 P.3d 91, 10/11/2022, HAMMER v. STATE
2022 OK 81, 10/10/2022, IN RE RULES FOR THE COMMITTEE ON JUDICIAL ELECTIONS
2022 OK 82, 10/10/2022, IN RE OKLAHOMA RULE OF PROFESSIONAL CONDUCT 1.15
2022 OK 83, 10/18/2022, KINGFISHER WIND v. WEHMULLER
2022 OK 84, 519 P.3d 511, 10/25/2022, MILNE v. HUDSON
2022 OK 85, 10/25/2022, GALIER v. MURCO WALL PRODUCTS
2022 OK 86, 11/01/2022, JOHNSON v. SNOW
2022 OK 88, 520 P.3d 383, 11/08/2022, WREN v. YATES
2022 OK 89, 11/07/2022, IN RE AMENDMENT to 12 O.S. CH. 15 APP. 1 RULE 1.21 RULES OF OKLA. SUPREME COURT
2022 OK 90, 521 P.3d 131, 11/15/2022, ARULKUMAR v. ARULKUMAR
2022 OK 91, 11/15/2022, FARRIS v. MASQUELIER
2022 OK 93, 11/14/2022, IN RE AMENDMENT OF RULE 1.11 OF OKLAHOMA SUPREME COURT RULES
2022 OK 95, 11/22/2022, PRICE v. ZHANG
2022 OK 96, 12/06/2022, COLE v. BANK OF AMERICA
2022 OK 97, 12/06/2022, WHITTINGTON v. DURANT H.M.A.
2022 OK 98, 12/06/2022, OKLAHOMA TURNPIKE AUTHORITY v. OLSEN
2022 OK 99, 12/19/2022, IN RE AMENDMENTS TO RULES FOR COURT OF TAX REVIEW
A discussion of published opinions from the Oklahoma Court of Civil Appeals from the beginning of 2022 through May 25, 2022.
Cases discussed in this episode:
- 2022 OK CIV APP 1, 504 P.3d 1158, 11/23/2021, CURRINGTON v. STATE ex rel. DEPT. OF PUBLIC SAFETY
- 2022 OK CIV APP 2, 506 P.3d 1096, 12/17/2021, MCCLEARY v. CITY OF BROKEN ARROW BD. OF ADJUSTMENT
- 2022 OK CIV APP 3, 01/05/2021, RCB BANK v. STITT
- 2022 OK CIV APP 4, 507 P.3d 1265, 05/03/2021, PILZ v. BOND
- 2022 OK CIV APP 5, 507 P.3d 1260, 06/29/2021, BCE-MACH v. ROACH
- 2022 OK CIV APP 6, 507 P.3d 1273, 02/18/2022, MANN v. STATE
- 2022 OK CIV APP 7, 508 P.3d 979, 02/22/2022, PEVETO v. PEVETO
- 2022 OK CIV APP 8, 509 P.3d 72, 03/04/2022, ANATOLIA RESTAURANT v. BURTON
- 2022 OK CIV APP 9, 510 P.3d 187, 03/21/2022, SOUTHSTAR EXPLORATION v. CORPORATION COMMISSION OF STATE OF OKLA.
- 2022 OK CIV APP 10, 510 P.3d 198, 03/23/2022, IN THE MATTER OF A.T.
- 2022 OK CIV APP 11, 510 P.3d 864, 03/23/2022, DOYLE SPRINGS v. BRAUM'S
- 2022 OK CIV APP 12, 510 P.3d 1289, 08/13/2020, HOME FIRST v. MID-CONTINENT CASUALTY CO.
- 2022 OK CIV APP 13, 510 P.3d 1274, 06/15/2021, WIGGIN PROPERTIES v. ARCO BUILDING
- 2022 OK CIV APP 14, 11/30/2021, IN RE THE MARRIAGE OF WILLIAMSON
- 2022 OK CIV APP 15, 512 P.3d 374, 04/22/2022, TASSO v. LUCKY STAR CASINO
- 2022 OK CIV APP 16, 512 P.3d 800, 08/06/2020, GRAND CREST OWNERS ASSOC. v. STITES
New and amended jury instructions and published opinions from the Oklahoma Supreme Court from June 29th, 2022 through September 21st, 2022. Discussed in this episode:
2022 OK 71, 09/13/2022, CHEROKEE NATION v. LEXINGTON INSURANCE CO.
2022 OK 73, 09/20/2022, RITTER v. STATE
2022 OK 74, 09/20/2022, IN RE AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-JUVENILE
2022 OK 75, 09/20/2022, IN RE AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-CIVIL
2022 OK 76, 09/21/2022, NICHOLS v. ZIRIAX
2022 OK 77, 09/21/2022, STOTTS v. NICHOLS
A rule change and published opinions from the Oklahoma Supreme Court from March 22nd through June28th, 2022 . Rule change and opinions discussed in this episode:
2022 OK 26, 510 P.3d 818, 03/22/2022, MAGNUM ENERGY v. BD. OF ADJUSTMENT FOR THE CITY OF NORMAN
2022 OK 29, 506 P.3d 1092, 03/22/2022, FRIEND v. FRIEND
2022 OK 30, 507 P.3d 1251, 03/28/2022, IN RE: STATE QUESTION No. 820 INITIATIVE PETITION No. 434
2022 OK 31, 507 P.3d 1256, 04/05/2022, IN THE MATTER OF THE APPLICATION OF THE OKLAHOMA CAPITOL IMPROVEMENT AUTHORITY
2022 OK 32, 04/05/2022, IN THE MATTER OF THE INCOME TAX PROTEST OF RAYTHEON COMPANY
2022 OK 35, 508 P.3d 442, 04/19/2022, NICHOLSON v. STITT
2022 OK 37, 508 P.3d 431, 04/19/2022, TAY v. GREEN
2022 OK 38, 04/19/2022, TAY v. GREEN
2022 OK 39, 508 P.3d 449, 04/19/2022, S.K.W. v. STATE
2022 OK 40, 510 P.3d 175, 05/03/2022, CONTINENTAL RESOURCES v. WOLLA OILFIELD SERVICES
2022 OK 41, 510 P.3d 165, 05/03/2022, IN THE MATTER OF APPLICATION OF THE OKLA. DEVELOPMENT FINANCE AUTHORITY
2022 OK 45, 05/03/2022, COATES v. PROGRESSIVE DIRECT INSURANCE CO.
2022 OK 46, 510 P.3d 181, 05/17/2022, KAMPHAUS v. TOWN OF GRANITE
2022 OK 47, 05/24/2022, IN THE MATTER OF APPLICATION OF THE OKLAHOMA DEVELOPMENT FINANCE AUTHORITY
2022 OK 48, 05/24/2022, IN THE MATTER OF APPLICATION OF THE OKLAHOMA DEVELOPMENT FINANCE AUTHORITY
2022 OK 49, 05/24/2022, IN THE MATTER OF APPLICATION OF THE OKLAHOMA DEVELOPMENT FINANCE AUTHORITY
2022 OK 50, 510 P.3d 845, 05/24/2022, BAILEY v. STATE ex rel. BD. OF TESTS FOR ALCOHOL AND DRUG INFLUENCE
2022 OK 51, 06/01/2022, HARWOOD v. ARDAGH GROUP
2022 OK 56, 06/14/2022, PATEL v. TULSA PAIN CONSULTANTS
2022 OK 57, 06/14/2022, WALTERSCHEIDT v. HLADIK
2022 OK 60, 06/14/2022, CROWN ENERGY COMPANY v. MID-CONTINENT CASUALTY CO.
2022 OK 63, 06/21/2022, SNOW v. TOWN OF CALUMET
2022 OK 64, 06/21/2022, GHOUSSOUB v. YA
Private practice > special judge > district judge > appellate judge > general counsel to a governor. And all this in less than five years!
Trevor Pemberton has covered a lot of ground in his relatively young legal career. In this episode, Trevor shares his thoughts on a variety of issues, including electronic filing, law clerks at the district courts, election of judges, and more.
Links from this episode:
Don’t Waste Your Life by John Piper
Mithun is the lead litigator for the State of Oklahoma in appeals, constitutional matters, and relations with the federal government and other states. In this episode, he visits with Jana about his background (Harvard Law and clerk at the U.S. Court of Appeals for the Fifth Circuit), how he prepares for oral argument (including a recent appearance before the U.S. Supreme Court) and his plans for the next phase of his career.
Links from this episode:
Lehotsky Keller
Battlestar Galactica
Breaking Bad
Better Call Saul
All seven 2022 published opinions from the Oklahoma Supreme Court from February 9th through March 22nd . Opinions discussed in this episode:
Booth v. Home Depot,2022 OK 16
McBee v. Fraire,2022 OK 22
McBee v. Rhino Roofing,2022 OK 23
Barnett v. Okay Public Works Authority, 2022 OK 24
Crawford v. OSU Medical Trust, 2022 OK 25
Magnum Energy, Inc. v. Board of Adjustment for the City of Norman, 2022 OK 26
Friend v. Friend, 2022 OK 29
A discussion with Justice Dana L. Kuehn of the Supreme Court of the State of Oklahoma.
Links from the episode-
Justice Kuehn's book recommendations:
- The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero
- Justice for Sale: The Shocking Scandal of the Oklahoma Supreme Court
- Power of Praying for Your Adult Children
- Who Decides?: States as Laboratories of Constitutional Experimentation
Justice Kuehn's TV recommendations:
- The Crown
- All Creates Great and Small
- Poldark
- Everybody Loves Raymond
All seven 2022 published opinions from the Oklahoma Supreme Court from the start of the year through February 8th. Opinions discussed in this episode:
Progressive Direct Insurance Co. v. Pope, 2022 OK 4Rocket Properties v. LaFortune, 2022 OK 5McKesson Corp. v. Campbell, 2022 OK 6Rickard v. Coulimore, 2022 OK 9In The Matter of The Adoption ofS.A.H., 2022 OK 10Meng v. Rahmi, 2022 OK 11Owens v. Zumwalt, 2022 OK 14
A discussion of published opinions from the Oklahoma Court of Civil Appeals from November 17, 2021 through the end of 2021.
Cases discussed in this episode:
Merrell Logistics v. Gregory Gas Services, 2021 OK CIV APP 47
Taylor v. Delaware County Solid Waste Trust, 2021 OK CIV APP 48
Stratton v. Stephens, 2021 OK CIV APP 49
Folsom v. Century Life Assurance Co., 2021 OK CIV APP 50
A wide ranging discussion with former Magistrate Judge, Dean Emeritus of OCU Law, and current President of the Oklahoma Bar Foundation, Valerie Couch. Dean Couch (or is it Judge Couch?) talks about her career, her favorite of her many titles, shares a book and movie recommendation, and so much more!
Links from the episode:
Oklahoma Bar Foundation
The Tender Bar
Visual Intelligence
All five 2021 published opinions from the Oklahoma Supreme Court from November 9th to December 14th.
News from the 2021 OBA Annual Meeting, a report on Jana's trip to the Appellate Judges Education Institute 2021 Summit in Austin, TX, and a discussion of published opinions from the Oklahoma Court of Civil Appeals from October 21, 2021 through November 17, 2021.
In this episode Jana interviews District Attorney Mike Fields (District 4: Blaine, Canadian, Garfield, Grant & Kingfisher Counties). Mike talks about his career, the structure and functions of the DA's office, and Cardinal Point, Canadian County's new resource center for victims of violence and abuse.
A discussion with Oklahoma Court of Civil Appeals Judge John Fischer. Judge Fischer talks about his career, the inner workings of the Court of Civil Appeals, provides some tips for brief writers, shares his book recommendations, and more!
Published opinions from the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals from September 17th through October 21st, 2021.
Published opinions from the Oklahoma Court of Civil Appeals from July 1st through September 16th.
All twelve 2021 published opinions from the Oklahoma Court of Civil Appeals from April 21st to June 30th.
All twelve 2021 published opinions from the Oklahoma Supreme Court from May 11th to June 28th.
A discussion with Mike Mordy, 2020-2021 President of the Oklahoma Bar Association. Mike discusses his career, his path to becoming OBA president, and the many benefits available to OBA members.
All twelve 2021 published opinions from the Oklahoma Supreme Court from January 1st to May 11th.
All thirteen 2021 published opinions from the Court of Civil Appeals with mandates issued from January 1st to April 14th.
A discussion with U.S. Court of Appeals for the 10th Circuit Judge Robert Bacharach. Judge Bacharach shares his experience being nominated and confirmed, his thoughts on oral argument, a typical day in the life of a judge on a U.S. Court of Appeals, and much more. We also discuss his recent book - Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word.
A discussion with Oklahoma Court of Civil Appeals Judge Jane Wiseman. Judge Wiseman talks appellate practice and so much more!
A discussion with Associate District Judge Donna Dirickson, Custer County. Judge Dirickson brings us the rural county perspective to wrap up our series on practicing in Oklahoma's trial courts.
A discussion with District Judge Daman Cantrell, Chief Judge of the Civil Division, Tulsa County. Judge Cantrell talks about his career, his passion for mock trial and love of movies, shares tips for practitioners, and much more.
A discussion with Judge Paul Hesse, District Court of Canadian County. Judge Hesse talks about his background and path to the bench, shares tips for practitioners, and much more.
Franco v. Bd. of Regents of University of Oklahoma 2020 OK CIV APP 64 (Breach of Contract)2020 OK CIV APP 68, 12/02/2020, IN RE THE MARRIAGE OF ROBINSON (Modification of visitation schedule with minor children)In re the Marriage of Collins 2020 OK CIV APP 65 (Order denying motion to associate attorney to practice in Oklahoma)2020 OK CIV APP 67, 06/08/2020, STEWART v. GONZALEZ (Offer to confess judgment pursuant to 12 O.S. §1101 made by multiple defendants to a singular plaintiff)Ross v. City of Owasso 2020 OK CIV APP 66 (Oklahoma Open Records Act)2020 OK CIV APP 69, 12/01/2020, V.C.B. v. STATE (Expungement)2020 OK CIV APP 70, 09/23/2020, AHLSTROM v. CAMPBELL REAL ESTATE (Oklahoma Residential Landlord Tenant Act)
A discussion with Judge Michael Tupper, District Court of Cleveland County. Judge Tupper talks about his background and path to the bench, his role in the success of the Cleveland County Treatment Court, shares tips for practitioners, and much more.
This week on the podcast - a discussion of the following recent opinions of the Oklahoma Court of Civil Appeals:2020 OK CIV APP 53, 04/07/2020, NAYLES v. DODSON ("prevailing party" attorney fees in dispute relating to contract for purchase or sale of goods)2020 OK CIV APP 54, 04/09/2020, SHRECK v. REED (claim of unequal ownership of property in partition suit)2020 OK CIV APP 55, 07/28/2020, MINERAL ACQUISITIONS v. HAMM (action by member of a terminated limited liability company against the other member for fraud, etc.)2020 OK CIV APP 56, 05/12/2020, DAVIDSON v. POINTE VISTA DEVELOPMENT (measure of damages for failure to close a real estate purchase agreement when agreement was terminable at will by the party alleged to be in breach)2020 OK CIV APP 57, 10/02/2020, GRILLO VENTURES v. VU (writ of mandamus to perform impossible act)2020 OK CIV APP 58, 05/12/2020, IN RE THE MARRIAGE OF CLEMENTS (entitlement to a retirement benefit that accrued during a portion of the marriage but that had not vested at the time of the divorce)2020 OK CIV APP 59, 06/08/2020, IN THE MATTER OF THE ESTATE OF WHITEHOUSE (common law marriage and probate)2020 OK CIV APP 60, 07/23/2020, PNC BANK v. UNKNOWN SUCCESSOR TRUSTEES (statute of limitations issue in a foreclosure of a mortgage securing a line of credit payable in installments)2020 OK CIV APP 61, 10/23/2020, IN THE MATTER OF THE PROTEST TO THE DENIAL OF THE SALES TAX CLAIM FOR REFUND (retroactive application of statute of limitations that shortened time to apply for a refund of overpayment of taxes)2020 OK CIV APP 62, 04/07/2020, LINN v. OKLAHOMA FARM BUREAU MUTUAL INSURANCE CO. (breach of contract; bad faith)2020 OK CIV APP 63, 10/23/2020, MIDFIRST BANK v. POE (interpleader)
This week on the podcast - a discussion of the following recent opinions of the Oklahoma Supreme Court:
2020 OK 91, 11/24/2020, HARRISON v. OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM(forfeiture of vested pension benefits in the case of a police officer convicted of a crime in the performance of duties)
2020 OK 92, 11/24/2020, SHAWAREB v. SSM HEALTH CARE OF OKLAHOMA(negligence of healthcare worker in providing a cup of hot water to a medicated patient)
2020 OK 94, 11/24/2020, IN THE MATTER OF THE ESTATE OF FULKS(venue in probate cases)
2020 OK 97, 11/24/2020, REVOLUTION RESOURCES v. ANNECY (availability of a preliminary injunction in a Surface Damage Act case...and maybe in condemnation cases more broadly)
2020 OK 99, 12/07/2020, ARVIZU v. DAVID STANLEY OF NORMAN(constitutionality of jury trial waivers)
2020 OK 104, 12/07/2020, CITY OF OKLAHOMA CITY v. BALKMAN(jurisdictional issue between Oklahoma Supreme Court and Oklahoma Court of Civil Appeals)
2020 OK 105, 12/08/2020, THURSTON v. STATE FARM MUTUAL AUTOMOBILE INSUR. CO.("stackability" of coverage under separate uninsured motorist policies)
2020 OK 106, 12/15/2020, IN RE THE MARRIAGE OF RADER(child custody issue under the UCCJEA)
2020 OK 110, 12/15/2020, JOHNSON v. CSAA GENERAL INSURANCE CO.(assignability of post-loss insurance claim)
A discussion with Justice James R. Winchester of the Supreme Court of the State of Oklahoma.
**This week our special guest is Kyle Rogers, a referee at the Oklahoma Supreme Court!
Show Notes:**COMANCHE NATION OF OKLAHOMA v. COFFEY, 2020 OK 90 (The trial court lacked subject matter jurisdiction due to sovereign immunity, but had jurisdiction to address the defendant's application for attorney's fees after the case was dismissed for lack of subject matter jurisdiction)
**The 1960’s Oklahoma Supreme Court bribery scandal and the resulting reforms to the process of selection and retention of Oklahoma’s appellate court judges and justices. We also discuss the results of the recent retention ballot and compare the results to the trends in retention going back to 2000.
Show Notes:**
Judicial Nominating Commission
Results of 2020 Judicial Retention Vote
Book- Justice for Sale: Shocking Scandal of Oklahoma Supreme Court **(by Justice Berry and James E. Alexander, 1996)
Book- How Bad It Was How Good It Is: The Value of an Independent Oklahoma Judiciary (by Bob Burke, 2015)
Article- SCANDAL SHAKES OKLAHOMA COURT; Two Judges Accused of Tax Evasion and Link to Payoff (The New York Times, 1964)
Article- Judiciary’s dark days recalled: Before, after court reform chronicled (Tulsa World, 2020)
Article- State Chamber plans to publicize its judicial ratings: State Chamber plans to tell of its evaluations; some critics claim bias (Tulsa World, 2012)*CourtFacts.org* (Oklahoma Bar Association)**
This week we have a special guest, Melanie Wilson Rughani, co-chair of the Appellate and Initiative Petition Practice Groups at Crowe and Dunlevy. Melanie tells us about her background and her road to becoming an appellate practitioner. She also shares several great practice tips.
We also briefly cover these recently released opinions from the Oklahoma Court of Civil Appeals and the Oklahoma Supreme Court:
2020 OK 87, 10/13/2020, SUTTON v. DAVID STANLEY CHEVROLET (Arbitration clause and fraud in the inducement in a vehicle purchase contract)
2020 OK 88, 10/13/2020, IN THE MATTER OF THE ESTATE OF FORESEE (Right to control the remains of a deceased person)
2020 OK 89, 10/20/2020, WHITE STAR PETROLEUM v. MUFG UNION BANK (Bankruptcy and lien issues in oil and gas)
2020 OK CIV APP 51, 08/09/2019, IN THE MATTER OF THE ESTATE OF STITES (Interplay between a failed Transfer on Death Deed and a Will)
Part 2 of a review of highlights from the Oklahoma Court of Civil Appeals from January through August 2020.
Show Notes:
2020 OK CIV APP 48, 08/27/2020, EWING JOINT LIVING TRUST v. MCHENRY (Judge conducts a site visit to the property at issue at the conclusion of a bench trial)
2020 OK CIV APP 19, 466 P.3d 590, 05/10/2019, THE MATTINGLY LAW FIRM v. HENSON (Remedy of "reverse veil piercing" as applied to the assets of an Oklahoma LLC)
2020 OK CIV APP 22, 466 P.3d 628, 08/30/2019, MADRID v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. (Settlement of a claim for less than liability limits is not a bar to recovery under uninsured motorist policy)
Recent opinions from the Oklahoma Supreme Court plus Part 1 of a review of highlights from the Oklahoma Court of Civil Appeals from January through August 2020.
Show Notes:
New Oklahoma Supreme Court cases discussed
2020 OK 75, 09/21/2020, WHIPPLE v. PHILLIPS AND SONS TRUCKING (work-related death and workers compensation)
2020 OK 79, 09/28/2020, IN RE STATE QUESTION No. 813, INITIATIVE PETITION No. 429 (gist insufficient in legalization of marijuana IP)
2020 OK 81, 09/29/2020, TOCH, LLC v. CITY OF TULSA (municipal law regarding tourism districts)
2020 OK 83, 10/06/2020, PURCELL v. PARKER (OWRB notice procedures)
2020 OK 84, 10/06/2020, STATE OF OKLA. ex rel. COMMISSIONERS OF LAND OFFICE v. STEPHENS AND JOHNSON OPERATING CO., INC. (Attorneys fees provisions in Surface Damage Act)
Court of Civil Appeal 2020 Year in Review (Part 1 of 2)
2020 OK CIV APP 2, 456 P.3d 1149, 12/20/2019, WAITS v. VIERSEN OIL & GAS CO. (what is a "prevailing party" for purposes of attorneys fees provisions)
2020 OK CIV APP 5, 458 P.3d 626, 11/26/2018, OAK TREE PARTNERS, LLC v. WILLIAMS (the remedy of specific performance with abatement in purchase price)
2020 OK CIV APP 15, 466 P.3d 1, 08/10/2018, HOME VEST CAPITAL v. RETIREMENT APPLICATION SERVICES (unconstitutionality of a contractual jury trial waiver)
2020 OK CIV APP 37, 05/22/2020, SOUTHWEST CASING v. FOSTER (the need to file a motion to obtain a default judgment)
2020 OK CIV APP 39, 05/29/2020, ALBURTUS v. INDEPENDENT SCHOOL DISTRICT No. 1 OF TULSA COUNTY (GTCA notice issue)
The initiative petition episode.
Show Notes:
In re Initiative Petition No. 420, 2020 OK 9 (did not violate single subject rule but...)
In re Initiative Petition No. 420, 2020 OK 10 (gist insufficient)
In re Initiative Petition No. 426, 2020 OK 44 (IP No. 420 redux, gist challenged again but now sufficient)
In re Initiative Petition No. 423, 2020 OK 57 (legalization of marijuana)
Kiesel v. Rogers, 2020 OK 65 (requesting more time to gather signatures due to COVID)
In re Initiative Petition No. 425, 2020 OK 58 (permitless carry, gist insufficient)
A discussion of major Oklahoma Supreme Court opinions and court news from January to August 2020.
Show Notes:
In re Estate of James, 2020 OK 7 (pretermitted heir)
Rogers v. Estate of Pratt 2020 OK 27 (pretermitted heir)
84 O.S. 132 (pretermitted heir)
League of Women Voters v. Ziriax, 2020 OK 26 (notary requirement for absentee ballot; note: superseded by SB 210, c. 10, § 1, emerg. eff. May 7, 2020)Hamilton v. Northfield Insurance, 2020 OK 28 (fee shifting in insurance suit)
36 O.S. 3629(B) (insurance claim fee-shifting statute)Treat v. Stitt, 2020 OK 64 (tribal gaming compacts)
2020 OK 51 (adoption of Uniform Bar Exam)