LegalWikiPro – A group blog for lawyers.

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 them arranged by jurisdiction and topic. LegalWikiPro. Come blog with us!

Trending: Social Media in Today’s Law Practice

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Social media has seeped into almost every aspect of our lives.  We are transmitting and sharing information with just the click of a button through one, if not multiple, social networks on a daily, even hourly basis.  Venues like Facebook, Twitter, Google+, and LinkedIn are fast becoming the dominant communication platforms of the future, as […]

Duty of Good Faith (OK)

Every contract contains an implied covenant of “good faith.” ¶14 In this spirit, we have recognized, as have many jurisdictions, that each contract carries an implicit and mutual covenant by the parties to act toward each other in good faith. As we said in Wright v. Fidelity and Deposit Co. of Maryland [,1935 OK 1215 […]

Savings Statute (OK)

Introduction. Most Oklahoma lawyers understand that if a plaintiff’s case is dismissed, plaintiff can refile their case within one year, even if the statute of limitations has run in the mean time. This one bonus year comes from the “savings statute.” However, since the one year saving statute deals with the statute of limitations, you […]

Bills Brewing before the Florida Legislature this Month

Yesterday, March 4, 2014 started Florida’s annual state legislative session.  With Florida’s craft beer industry more than doubling in the past couple of years, Sunshine State Brewers are seeking to make some changes regarding Florida’s antiquated beer laws.  A pair of bills being presented before lawmakers today include Florida Senate Bill 470[i], allowing breweries to […]

The Decline of Class Actions.

Class actions have really taken a hit in the last few years, at least on the federal stage, given the Supreme Court’s conservative bent, and some changes to Rule 23. There have been a whole string of recent Supreme Court decisions that greatly narrow the range of cases that can be successfully prosecuted as a […]

Google Scholar as a Legal Research tool.

Free is good, right? If you are “on a budget,” or simply want to break free from the big legal research monsters (guess who), then give Google Scholar a try. With Google Scholar you can search for many varieties of scholarly documents (medical articles, statistical studies, economic damages articles and charts, etc.), but it also […]

The exercise of personal jurisdiction over out of state eBay sellers.

The Oklahoma Supreme Court has ruled that a court can exercise personal jurisdiction over an eBay seller who is a resident of Tennessee. Guffey v Ostonakulov, 2014 OK 6, __P.3d__ involves a resident of Tennessee and a Tennessee corporation that sold a vehicle on eBay to an Oklahoma buyer. The trial court dismissed the action, […]

Guaranty agreements are dangerous. (Credits for me, but not for thee.)

JPMORGAN CHASE BANK, N.A. v. SPECIALTY RESTAURANTS, INC. 2010 OK 65, 243 P.3d 8. This case provides some tough lessons for guarantors in Oklahoma.  A restaurant borrowed $1.75 million to get started.  But the note and mortgage was not enough security so lender obtained guaranties from Kreth and Vallion.  The language of the guaranty agreements […]

Game night! Tort immunity for volunteer school sports physicians.

New law folks.  Oklahoma has seen fit to extend liability protection to health care providers who provide volunteer services to “secondary school function[s].” The protection is limited to a provider “who renders or attempts to render care to an injured participant who is in need of immediate medical aid.” The only exception will be if […]