Oklahoma Appeals - The Podcast

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.

Episode 050: Oklahoma Appellate Courts 2024 Update #1

Wed, 24 Apr 2024 18:00:00 -0500

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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

Episode 049: A Legal Legacy and the Inner Workings of the Oklahoma Supreme Court: A Conversation with Chief Justice John Kane IV

Thu, 15 Feb 2024 09:00:00 -0600

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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.

Episode 048: Oklahoma Appellate Courts 2023 Update #8

Tue, 09 Jan 2024 12:00:00 -0600

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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

Episode 047: Oklahoma Appellate Courts 2023 Update #7

Fri, 15 Dec 2023 14:00:00 -0600

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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

Episode 46: Oklahoma Appellate Courts 2023 Update #6

Mon, 20 Nov 2023 16:00:00 -0600

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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.

Episode 45: Oklahoma Appellate Courts 2023 Update #5

Tue, 24 Oct 2023 18:00:00 -0500

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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

Episode 44: Oklahoma Appellate Courts 2023 Update #4

Thu, 21 Sep 2023 13:00:00 -0500

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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

Episode 43: Oklahoma Appellate Courts 2023 Update #3

Thu, 14 Sep 2023 07:00:00 -0500

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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

Episode 42: Oklahoma Appellate Courts 2023 Update #2

Tue, 05 Sep 2023 12:00:00 -0500

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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

Episode 041: Janet Johnson, Executive Director, Oklahoma Bar Association

Tue, 28 Mar 2023 09:00:00 -0500

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A conversation with Janet Johnson, the recently installed Executive Director of the Oklahoma Bar Association.

Episode 040: Honorable Scott Rowland, Presiding Judge, Oklahoma Court of Criminal Appeals

Tue, 28 Feb 2023 19:00:00 -0600

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A discussion with the Honorable Scott Rowland of the Oklahoma Court of Criminal Appeals.

Episode 39: Oklahoma Appellate Courts 2023 Update #1

Fri, 17 Feb 2023 13:00:00 -0600

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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

Episode 038: Oklahoma Supreme Court 2022 Update #5

Thu, 05 Jan 2023 12:00:00 -0600

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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

Episode 037: Oklahoma Court of Civil Appeals 2022 Update #1

Thu, 10 Nov 2022 14:00:00 -0600

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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:

Episode 036: Oklahoma Supreme Court 2022 Update #4

Tue, 11 Oct 2022 17:00:00 -0500

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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

Episode 035: Oklahoma Supreme Court 2022 Update #3

Sun, 24 Jul 2022 11:00:00 -0500

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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

Episode 034: Trevor Pemberton, General Counsel to Oklahoma Governor J. Kevin Stitt

Wed, 01 Jun 2022 13:00:00 -0500

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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

Episode 033: Mithun Mansinghani, Solicitor General for the State of Oklahoma

Mon, 02 May 2022 10:00:00 -0500

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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

Episode 032: Oklahoma Supreme Court 2022 Update #2

Fri, 08 Apr 2022 06:00:00 -0500

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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

Episode 031: Honorable Dana L. Kuehn, Justice, Oklahoma Supreme Court

Mon, 21 Mar 2022 13:00:00 -0500

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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:

Justice Kuehn's TV recommendations:

Episode 030: Oklahoma Supreme Court 2022 Update #1

Sun, 20 Feb 2022 13:00:00 -0600

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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 4
Rocket Properties v. LaFortune, 2022 OK 5
McKesson Corp. v. Campbell, 2022 OK 6
Rickard v. Coulimore, 2022 OK 9
In The Matter of The Adoption of S.A.H., 2022 OK 10
Meng v. Rahmi, 2022 OK 11
Owens v. Zumwalt, 2022 OK 14

Episode 029: Oklahoma Court of Civil Appeals 2021 Update #5

Wed, 02 Feb 2022 08:00:00 -0600

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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

Episode 028: Honorable Valerie Couch, Dean Emeritus of OCU Law and President of the Oklahoma Bar Foundation

Wed, 19 Jan 2022 20:00:00 -0600

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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

Episode 027: Oklahoma Supreme Court 2021 Update #3

Thu, 23 Dec 2021 15:00:00 -0600

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All five 2021 published opinions from the Oklahoma Supreme Court from November 9th to December 14th.

Episode 026: Oklahoma Court of Civil Appeals 2021 Update #4

Fri, 10 Dec 2021 06:00:00 -0600

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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.

Episode 025: District Attorney Mike Fields

Wed, 24 Nov 2021 09:00:00 -0600

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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.

Episode 024: Honorable John Fischer, Judge, Oklahoma Court of Civil Appeals

Wed, 10 Nov 2021 13:00:00 -0600

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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!

Episode 023: Oklahoma Civil Appellate Court Updates

Wed, 27 Oct 2021 10:00:00 -0500

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Published opinions from the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals from September 17th through October 21st, 2021.

Episode 022: Oklahoma Court of Civil Appeals 2021 Update #3

Wed, 06 Oct 2021 11:00:00 -0500

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Published opinions from the Oklahoma Court of Civil Appeals from July 1st through September 16th.

Episode 021: Oklahoma Court of Civil Appeals 2021 Update #2

Mon, 19 Jul 2021 16:00:00 -0500

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All twelve 2021 published opinions from the Oklahoma Court of Civil Appeals from April 21st to June 30th.

Episode 020: Oklahoma Supreme Court 2021 Update #2

Fri, 16 Jul 2021 16:00:00 -0500

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All twelve 2021 published opinions from the Oklahoma Supreme Court from May 11th to June 28th.

Episode 019: Mike Mordy, 2021 President of the Oklahoma Bar Association

Wed, 16 Jun 2021 09:00:00 -0500

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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.

Episode 018: Oklahoma Supreme Court 2021 Update #1

Wed, 12 May 2021 21:00:00 -0500

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All twelve 2021 published opinions from the Oklahoma Supreme Court from January 1st to May 11th.

Episode 017: Oklahoma Court of Civil Appeals 2021 Update #1

Thu, 22 Apr 2021 14:00:00 -0500

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All thirteen 2021 published opinions from the Court of Civil Appeals with mandates issued from January 1st to April 14th.

Episode 016: Honorable Robert Bacharach, Judge, U.S. Court of Appeals for the 10th Circuit

Tue, 13 Apr 2021 16:00:00 -0500

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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.

Episode 015: Honorable Jane Wiseman, Judge, Oklahoma Court of Civil Appeals

Wed, 31 Mar 2021 05:00:00 -0500

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A discussion with Oklahoma Court of Civil Appeals Judge Jane Wiseman. Judge Wiseman talks appellate practice and so much more!

Episode 014: Honorable Donna Dirickson, Associate District Court Judge, Custer County

Wed, 17 Mar 2021 05:00:00 -0500

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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.

Episode 013: Honorable Daman Cantrell, District Court Judge, Tulsa County

Wed, 03 Mar 2021 06:00:00 -0600

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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.

Episode 012: Honorable Paul Hesse, District Court Judge, Canadian County

Wed, 17 Feb 2021 07:00:00 -0600

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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.

Episode 009 - Part 2: Final 2020 Opinions from the Oklahoma Court of Civil Appeals Issued December 30, 2020

Mon, 08 Feb 2021 17:00:00 -0600

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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)

Episode 011: Honorable Michael Tupper, District Court Judge, Cleveland County

Wed, 03 Feb 2021 07:00:00 -0600

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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.

Episode 010: Honorable Sheila Stinson, District Court Judge, Oklahoma County

Wed, 20 Jan 2021 12:00:00 -0600

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A discussion with Judge Sheila Stinson, District Court of Oklahoma County.

Episode 009 - Part 1: Recent Opinions from the Oklahoma Court of Civil Appeals: September 2020-December 2020

Wed, 06 Jan 2021 10:00:00 -0600

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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)

Episode 008: Recent Opinions from the Oklahoma Supreme Court: September 2020-December 2020

Thu, 24 Dec 2020 11:00:00 -0600

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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)

Episode 007: Honorable James R. Winchester, Justice Oklahoma Supreme Court

Wed, 09 Dec 2020 08:00:00 -0600

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A discussion with Justice James R. Winchester of the Supreme Court of the State of Oklahoma.

Episode 006: Kyle Rogers, Referee,Oklahoma Supreme Court

Wed, 25 Nov 2020 01:00:00 -0600

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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)

Episode 005: Judicial Selection in Oklahoma: The Judicial Nominating Commission

Wed, 11 Nov 2020 00:00:00 -0600

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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)

Episode 004: Melanie Wilson Rughani, Appellate Practice in Oklahoma

Wed, 28 Oct 2020 14:00:00 -0500

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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)

Episode 003 - Part 2: Recent Opinions from the Oklahoma Court of Civil Appeals: January 2020-August 2020

Wed, 21 Oct 2020 07:00:00 -0500

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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)

Episode 003 - Part 1: Recent Opinions from the Oklahoma Court of Civil Appeals: January 2020-August 2020

Wed, 14 Oct 2020 06:00:00 -0500

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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)

Episode 002: Initiative Petitions: January 2020-August 2020

Wed, 30 Sep 2020 06:00:00 -0500

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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)

Episode 001: Recent Opinions from the Oklahoma Supreme Court: January 2020-August 2020

Wed, 16 Sep 2020 09:00:00 -0500

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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)