Our purpose is to provide the practicing lawyer with a growing resource of blog posts and articles from many jurisdictions, and on many topics. You will see our latest posts below. But click on The Wiki link in the top bar to see the topics covered so far. If you’re a lawyer, and would like […]
Another Oklahoma court has held that employment claims, and intentional infliction of emotional distress claims, do not mix well. In Jurczyk v Cox Communications Kansas, LLC, 14-CV-454 (ND Ok., 2015), Judge Kern dismissed an intentional infliction of emotional distress claim from an employment case. Plaintiff alleged that she suffered from chronic migraines and requested leave […]
If you’re like me, you spend a lot of time on the internet conducting legal research, researching expert witnesses, and doing factual research for cases. But, have you thought about the ethical issues involved? Here’s a new free webinar from Lexis-Nexis, “Ethical Concerns: Conducting Research Via the Open Web.” It covers a multitude of topics, […]
Uninsured drivers can still collect pain and suffering damages. Special laws are not so special in Oklahoma.
Yet again, the Oklahoma Supreme Court has come out swinging, knocking out a “tort reform” statute as unconstitutional. Oklahoma has a constitutional provision, Okla. Const. art. 5, § 46, which prohibits “special laws.” In part, the provision prohibits a special law “[r]egulating the practice or jurisdiction of, or changing the rules of evidence in judicial […]
So, what happens when an insured, and an insurer, work together to cancel a “claims made” malpractice insurance policy after the claim has arisen? In Chandler vs. Valentine, 2014 OK 61, __P.3d__, the Oklahoma Supreme Court held that such an attempted cancellation would be invalid. Dr. Valentine had a policy with PLICO, with a policy […]
The Dam Drama Behind Dam Removal: The breakdown of complex legal, political, and literally, concrete barriers to renew ecosystems and endangered fisheries.
Roughly a century and a half ago and prior to European settlement, upwards of ten million wild salmon swam up the Columbia River to spawn at the streams and tributaries of their births each year. Today, this remarkable fish run, referred to as the silver tide, has lost its magnetism as less than ten thousand […]
You might notice that our front page now offers some books for your law library. Check back often (or sign up for our updates), as there are more to come. Don’t fret. We are still maintaining the Wiki (if you want to help with that, email email@example.com). Here is what we offer so far. Intentional […]
Although more than 30 years have passed since the United States Supreme Court reinstated the death penalty, the topic still sparks heated debates. On Wednesday, July 16, 2014, a California federal judge ruled the death penalty unconstitutional. The U.S. District Judge Cormac Carney’s decision represents a legal victory for those who want to abolish the […]
We hold these truths to be self-evident, that . . . All Internet Data be Treated Equally. Net Neutrality’s Decade of Regulatory Uncertainty
The human race invented the wheel circa 3500 BC . . . meaning it took tens of thousands of years to come up with a seemingly simple circular object that drastically enhanced human lives forever. How did I find this out? I “Googled it”. Today, the Google search engine is used globally over 100 billion […]
Respondeat Superior in Oklahoma. The common law doctrine of respondeat superior determines how, and when, an employer can become liable for the torts of an employee. ¶7 In order for an employer to be responsible for the tort of an employee under the theory of respondeat superior, the tortious act must be committed in the […]
This is a start on a collection of cases and court rules governing Oklahoma Appeals. Appellate Jurisdiction Oklahoma appeals can only be successfully brought if the Court has jurisdiction to hear the appeal. The first question is always whether the Court has jurisdiction to hear the matter. Mandatory Jurisdiction Final Orders Appealable by right ¶5 “Our […]