¶0 In a tort action brought against various entities by the widow of the deceased based upon alleged tortfeasor liability by alleged non-employers and after a worker's compensation award, the employer filed a motion to dismiss a third-party petition filed against employer by one of the defendants. The Honorable Anthony L. Bonner, District Judge, sustained the motion to dismiss. Defendant appealed and the appeal was retained by the Supreme Court. We hold: (1) The exclusive remedy and liability language in 85A O.S.Supp.2014, § 5 does not prevent an employer from creating non-employer legal relationships, capacities, or roles, but those relationships, capacities, or roles cannot create a negligence tort liability for the same physical injury used by a party for a compensable workers' compensation award; and (2) The language of 85A O.S.Supp.2014, § 5 does not prohibit an employer from creating an indemnity agreement holding others harmless for the employer's intentional conduct not subject to exclusive workers' compensation remedies.
¶ 0 Latigo Oil & Gas, Inc., filed a Petition for Specific Performance, Breach of Contract, and Injunctive Relief against BP America Production Company to enforce its preferential right to purchase certain mineral interests offered for sale as part of a package-deal by BP to a third party. Prior to trial, Latigo filed an Application for Temporary Restraining Order and Preliminary Injunctive Relief requesting the trial court to enjoin BP from selling the burdened interests to the third-party buyer pending trial. The trial court granted Latigo's request for preliminary injunctive relief. The Court of Civil Appeals reversed the trial court's grant of preliminary injunctive relief finding the evidence did not show Latigo was likely to succeed on the merits. We granted certiorari and hold the trial court's grant of injunctive relief was not an abuse of discretion.
¶1 The Oklahoma Bar Association (OBA), in compliance with Rules 7.1 and 7.2 of the Rules Governing Disciplinary Proceedings (RGDP), has forwarded to this Court certified copies of the Information, Probable Cause Affidavit, and Judgment and Sentence in the following matters in Oklahoma County, Oklahoma: State of Oklahoma v. Kelly John Barlean, case no. CF-2021-3557, and State of Oklahoma v. Kelly Barlean, case no. CM-2022-4468. Pursuant to a plea agreement, the charge of felony Domestic Assault and Battery by Strangulation in case no. CF-2021-3557 was reduced to misdemeanor Domestic Assault and Battery. Following pleas of guilty to misdemeanor domestic assault and battery in the combined cases, the court deferred sentencing for 3 years until January 4, 2026. 1
¶1 Appellant, Kevin Swager, was tried and convicted by a jury in the District Court of Delaware County, Case No. CF-2021-92, of Count 1: Child Sexual Abuse -- Victim Under Twelve (Rape in the First Degree by Instrumentation), in violation of 21 O.S.Supp.2019, § 843.5 ; and Count 2: Child Sexual Abuse -- Victim Under Twelve (Lewd Molestation), in violation of 21 O.S.Supp.2019, § 843.5 . The jury sentenced Swager to twenty-five years imprisonment on each of the two counts.
¶1 Marcus Larod Jackson, Appellant, was tried by jury with co-defendant Juwan Square and found guilty of Count 1, racketeering, in violation of 22 O.S.2011, § 1403 (A); Count 2, conspiracy to commit racketeering, in violation of 22 O.S.2011, § 1403 (D); Counts 3 and 4, discharging a firearm into a dwelling, in violation of 21 O.S.2011, § 1289.17A ; Count 5, assault and battery with a deadly weapon, in violation of 21 O.S.2011, § 652 (C); Count 6, shooting with intent to kill, in violation of 21 O.S.2011, § 652 (A); and Counts 7 and 8, possession of a firearm after former conviction of a felony, in violation of 21 O.S.Supp.2014, § 1283 (A), in the District Court of Cleveland County, Case No. CF-2019-417. The jury found Counts 1 through 6 were committed after former conviction of two or more felonies, and Counts 7 and 8 were committed after former conviction of a felony; and assessed punishment of sixty years in each count. The Honorable Michael D. Tupper, District Judge, pronounced judgment and ordered the sentences to be served concurrently. 1 Mr. Jackson appeals in the following propositions of error:
¶1 Appellant Derek Don Posey appeals his Judgment and Sentence from the District Court of Canadian County, Case No. CF-2013-463, for his First Degree Murder convictions and death sentences for the deaths of Amy Gibbins (Counts 1 and/or 2) and her son, Bryor Gibbins (Counts 3 and/or 4), in violation of 21 O.S.Supp.2012, § 701.7. 1 Posey's jury fixed punishment at death for both murder convictions after finding the same three aggravating circumstances as to each victim, namely: (1) that Posey knowingly created a great risk of death to more than one person; 2 (2) that the murders were especially heinous, atrocious, or cruel; 3 and (3) that there existed a probability that Posey would commit criminal acts of violence that would constitute a continuing threat to society. 4 The Honorable Bob W. Hughey, Associate District Judge, presided over Posey's jury trial and sentenced him to death for each murder pursuant to the jury's verdicts, with all sentences to be served concurrently. 5 Posey raises eleven claims for review; however, no claim warrants relief. We affirm Posey's Judgment and Sentence.
¶1 United Automobile Insurance Company appeals from a judgment entered upon a jury verdict in which the jury awarded Karen Swain compensatory damages for United's breach of the covenant of good faith and fair dealing and punitive damages, and the trial court's award of attorney fees. We reverse and remand with directions to enter judgment for United.
¶1 Plaintiff Phil Boevers Enterprises, Inc., appeals the trial court's orders vacating a default judgment against Defendant Gabriella Beck and vacating a judgment against Garnishee Allstate Fire and Casualty Company. After review, we affirm.
¶1 Plaintiffs David M. Garrett and the Garrett Law Office (collectively "Garrett") appeal an order granting summary judgment on their claims against attorney Richard A. Bell and the Bell Law Firm, LPPC (collectively "Bell"), in this attorney's fee dispute. Garrett sought declaratory judgment as to the enforceability of a fee-splitting or referral agreement against Bell, and asserted various related contract and tort claims. 1 Bell asserted that an agreement to share fees on any particular case was unenforceable under Oklahoma Rule of Professional Conduct 1.5(e), and that Garrett's claims to fees should have been brought during proceedings for fees before the Workers' Compensation Court of Existing Claims (CEC) and were barred by the doctrine of res judicata or claim preclusion. The district court granted summary judgment to Bell. On review of the applicable law and the record, we affirm the trial court's judgment of December 21, 2022, in part, with respect to eighteen cases Bell did not litigate in the CEC, and reverse the remainder of the district court's judgment, and remand for further proceedings.
Position: Administrative Director of the Courts
Location: Judicial Center, Oklahoma City
Qualifications: Law degree preferred, but not required
Deadline: Letter and resume must be postmarked by June 15, 2024
Letter and Resume should be directed to:
Chief Justice
Oklahoma Supreme Court
Judicial Center
2100 North Lincoln Boulevard, Suite 1
Oklahoma City, OK 73105
Questions: (405) 556-9100
All applications are treated as confidential
On Tuesday, June 4, 2024, the Judicial Nominating Commission (JNC) will conduct interviews for the position of District Judge of Lincoln County. The following individuals have applied for this position:
Immediately following the interviews, the JNC will provide the Governor a list of three nominees, and the Governor will have 60 days to make the appointment from those nominees.
The JNC strongly encourages the public to continue submitting comments on these applicants. Comments may be mailed to:
Administrative Office of the Courts
Attn: Gina Antipov
2100 North Lincoln, Suite 3
Oklahoma City OK 73105
and/or
James Bland
Chair, Judicial Nominating Commission
17 East Carl Albert Parkway
McAlester, Oklahoma 74501
Court of Civil Appeals
121,604 - Nicholles Brooke vs. Keith Reed, RN, MPH, CPH, in his Official Capacity as Oklahoma State Department of Health Commissioner.
The appellant's motion for oral argument is granted. The matter is set for oral argument before this Court on Thursday, March 7, 2024, at 10:00 a.m., in the courtroom of the Tulsa Divisions of the Court of Civil Appeals, 201 West 5th Street, Suite 600, Tulsa, Oklahoma.
121,192 - St. Anthony South Behavioral Health and SSM Health Care Corp. (OWN RISK) v. Monica Moreno Goodwin and The Workers' Compensation Commission
This case is set for oral argument on Wednesday, May 15, 2024, at 10:00 a.m., in the Court Room of the Court of Civil Appeals, 1915 N. Stiles, Suite 357, Oklahoma City, Oklahoma.
Supreme Court Oral Argument Videos