Oklahoma Case Commentaries

Expanding Wrongful Death Claims to Include Nonviable Fetuses Born Alive: Nealis v. Baird and Hartwig

Date: Dec 8, 1999

Expanding Wrongful Death Claims to Include Nonviable Fetuses Born Alive: Nealis v. Baird and Hartwig Introduction Nealis v. Baird and Hartwig is a landmark decision by the Supreme Court of Oklahoma,...

Liability of Religious Organizations for Ministers' Criminal Conduct: N.H. v. Presbyterian Church (U.S.A.)

Date: Nov 3, 1999

Liability of Religious Organizations for Ministers' Criminal Conduct: N.H. v. Presbyterian Church (U.S.A.) Introduction N.H. v. Presbyterian Church (U.S.A.), 998 P.2d 592 (Okla. 1999), is a landmark...

Unsettled Law Does Not Constitute Legal Malpractice: Supreme Court Affirms Summary Judgment for Defendants

Date: Sep 29, 1999

Unsettled Law Does Not Constitute Legal Malpractice: Supreme Court Affirms Summary Judgment for Defendants Introduction In the case of Jim D. Manley and John L. Houchin v. Jack L. Brown et al., the...

Oklahoma Supreme Court Establishes Standards for Vacating Judgments Based on Fraud

Date: Apr 28, 1999

Oklahoma Supreme Court Establishes Standards for Vacating Judgments Based on Fraud Introduction In the landmark case Urvashi B. Patel v. OMH Medical Center, Inc. et al., the Supreme Court of Oklahoma...

Salazar v. Oklahoma City: Reexamining Issue Preclusion and Governmental Immunity in Wrongful Detention Cases

Date: Mar 17, 1999

Salazar v. Oklahoma City: Reexamining Issue Preclusion and Governmental Immunity in Wrongful Detention Cases Introduction In Salazar v. Oklahoma City, the Supreme Court of Oklahoma addressed critical...

Narrow Scope of Federal Pre-emption in Railroad Grade Crossing Negligence: Oklahoma's Clarification

Date: Oct 14, 1998

Narrow Scope of Federal Pre-emption in Railroad Grade Crossing Negligence: Oklahoma's Clarification Introduction In the landmark case of Mary Jane Akin v. Missouri Pacific Railroad Co., decided by...

Non-Enforceability of Implied Marketing Covenants for In-Kind Overriding Royalty Interests

Date: Jun 10, 1998

Non-Enforceability of Implied Marketing Covenants for In-Kind Overriding Royalty Interests Introduction The Supreme Court of Oklahoma, in the case of XAE Corporation; Richard L. Beasley and Evelyn H....

Protection of Political Speech and Media Immunity in Oklahoma: Analysis of Gaylord Entertainment Co. v. Thompson (1998)

Date: Apr 15, 1998

Protection of Political Speech and Media Immunity in Oklahoma: Analysis of Gaylord Entertainment Co. v. Thompson (1998) Introduction Case Name: Gaylord Entertainment Company, d/b/a The Oklahoma...

Establishing Fraud Exceptions to Presumption of Legitimacy and Recognizing Emotional Distress Claims in Oklahoma: Miller v. Miller

Date: Mar 25, 1998

Establishing Fraud Exceptions to Presumption of Legitimacy and Recognizing Emotional Distress Claims in Oklahoma: Miller v. Miller Introduction Jimmy D. Miller filed a lawsuit against his former...

Non-Delegable Duty to Preserve the Peace in Repossession: Oklahoma Supreme Court Establishes Precedent in Williamson Auto v. Fowler Toyota

Date: Feb 25, 1998

Non-Delegable Duty to Preserve the Peace in Repossession: Oklahoma Supreme Court Establishes Precedent in Williamson Auto v. Fowler Toyota Introduction The case of Williamson Auto v. Fowler Toyota,...

Oklahoma Supreme Court Establishes New Framework for Allocation of Post-Production Costs in Gross Proceeds Leases

Date: Jan 21, 1998

Oklahoma Supreme Court Establishes New Framework for Allocation of Post-Production Costs in Gross Proceeds Leases Introduction The Supreme Court of Oklahoma, in the landmark decision of Ted and Ruth...

Immunizing Political Advocacy: The Landmark Decision in Brock et al. v. Thompson and Durham

Date: Oct 15, 1997

Immunizing Political Advocacy: The Landmark Decision in Brock et al. v. Thompson and Durham Introduction In the case of JOHN A. BROCK, GEORGE KAISER, DAVID RAINBOLT, CHRISTINE F. FLETCHER, BOB...

Establishing Proximate Cause and Duty in Negligent Transmission of Disease to Third Parties

Date: Jul 16, 1997

Establishing Proximate Cause and Duty in Negligent Transmission of Disease to Third Parties Introduction In the case of Teresa Lockhart v. Marette Loosen (943 P.2d 1074), decided by the Supreme Court...

Supreme Court of Oklahoma Reinforces Protections Against Improper Summary Judgments in Employment Contract Disputes

Date: Jun 25, 1997

Supreme Court of Oklahoma Reinforces Protections Against Improper Summary Judgments in Employment Contract Disputes Introduction In the landmark case of Russell et al. v. Board of County...

Respondeat Superior Preempts Negligent Hiring Liability: An Analysis of Dean Jordan v. Timothy Cates and G-F-F Corporation d/b/a Shop N Save

Date: Feb 12, 1997

Respondeat Superior Preempts Negligent Hiring Liability: An Analysis of Dean Jordan v. Timothy Cates and G-F-F Corporation d/b/a Shop N Save Introduction The case of Dean Jordan v. Timothy Cates, an...

Impediments to Insurer's Defense: Establishing Comparative Bad Faith Doctrine in Oklahoma

Date: Dec 20, 1996

Impediments to Insurer's Defense: Establishing Comparative Bad Faith Doctrine in Oklahoma Introduction In the landmark case of First Bank of Turley v. Fidelity and Deposit Insurance Company of...

Neil Acquisition LLC v. Wingrod Investment Corporation: Establishing the Primacy of Recorded Deficiency Judgments in Lien Priority

Date: Nov 20, 1996

Neil Acquisition LLC v. Wingrod Investment Corporation: Establishing the Primacy of Recorded Deficiency Judgments in Lien Priority Introduction The case of Neil Acquisition, L.L.C. v. Wingrod...

Release of Original Tortfeasors Does Not Bar Malpractice Claims Against Unnamed Defendants: Analysis of Carmichael v. Beller

Date: Apr 3, 1996

Release of Original Tortfeasors Does Not Bar Malpractice Claims Against Unnamed Defendants: Analysis of Carmichael v. Beller Introduction The case of Marlene Carmichael, Personal Representative of...

Oklahoma Supreme Court Recognizes Reasonable Expectations Doctrine in Insurance Contracts

Date: Feb 28, 1996

Oklahoma Supreme Court Recognizes Reasonable Expectations Doctrine in Insurance Contracts Introduction In the landmark case of Max True Plastering Company v. United States Fidelity and Guaranty...

Establishing Guidelines for Victim Impact Evidence in Capital Sentencing: Cargle v. State of Oklahoma

Date: Feb 9, 1996

Establishing Guidelines for Victim Impact Evidence in Capital Sentencing: Cargle v. State of Oklahoma Introduction Cargle v. State of Oklahoma (909 P.2d 806, Court of Criminal Appeals of Oklahoma,...