News & Events

Why You Should Consider Hiring Franden | Farris | Quillin | Goodnight + Roberts

  High caliber and intelligent lawyers, paralegals, and staff that have practical and common sense knowledge of best litigation practices; Well respected ethical lawyers with substantial experience in high profile and large loss matters; Services performed by lowest hourly rate personnel qualified for the task when appropriate; Technology such as video conferencing used to avoid …

SEC investigation, subpoenas not a “claim” 10th Circuit, Colorado (unpublished)

MusclePharm v. Liberty , involved an SEC investigation of MusclePharm.  The SEC issued subpoenas to some of MusclePharm’s people.  Summary judgment to Liberty was affirmed.  The SEC investigation was not a claim as defined in the policy.  The Tenth Circuit also denied motions to seal the records, and stated the bias towards open records.

Disability insurer was arbitrary and capricious in determining date of disability — 10th Circuit, ERISA

In Owings v. United Omaha Life, Owings got disability benefits from United but claimed the amount was too low. Summary judgment in favor of United was reversed. The Tenth Circuit found that United was arbitrary and capricious in determining the date that Owings became disabled and, in turn, in calculating the amount of his disability …

Summary judgment granted on grounds not raised by the parties is reversed, 10th Cir. Okla

In Oldham v. O.K. Farms, the Tenth Circuit reversed the trial court’s summary judgment granted on grounds not raised by the parties.  The Court stated: The rules of civil procedure permit a district court to grant a summary judgment motion “on grounds not raised by a party,” but only “[a]fter giving notice and a reasonable …

No UM subrogation against excess carrier — Oklahoma

In Raymond v. Taylor, 2017 OK 80, the Oklahoma Supreme Court said the UM carrier could not subrogate against the tortfeasor’s excess policy. Raymond was killed while a passenger in a truck driven by Taylor, which was in an accident with a truck driven by Bedell.  Both Raymond and Taylor were employees of Guy’s Seed. …

Liability of Component Part Manufacturer in Relation to Whole Product Manufacturer

Liability of Component Part Manufacturer in Relation to Whole Product Manufacturer A. Tort Claims 1. Generally A final product assembler who takes products manufactured by a number of companies to create an end product is ultimately responsible for the end product if it is defective and injures a plaintiff. However, the final product assembler is …

Enforceability of Pre-Liability Waivers (“Exculpatory Clauses”)

Enforceability of Pre-Liability Waivers (“Exculpatory Clauses”) – Although Oklahoma looks upon liability waivers with a somewhat jaundiced eye, such waivers can be valid if a series of conditions are satisfied. A. Main Cases and Limitations The Oklahoma Supreme Court has a history of recognizing pre-liability waivers, also called exculpatory clauses, in certain circumstances. See, e.g., …

Enforceability of Jury Trial Waivers in Arbitration Agreements

Jury trial waivers are generally found in contracts containing an arbitration clause. Such clauses are usually upheld under Oklahoma law, or preempted by federal law. To determine if federal law applies, the first question is whether the claim involves interstate commerce. If the claim is entirely intrastate, only Oklahoma law is applicable. Rogers v. Dell …

Nathaniel Parrilli Joins the Firm

Franden, Farris, Quillin, Goodnight + Roberts is happy to announce the addition of Nathaniel G. Parrilli to the firm. Mr. Parrilli has been practicing law since 2000. In addition to the State of Oklahoma, Mr. Parrilli is admitted to practice before the Northern and Eastern Districts of Oklahoma and the Supreme Court of the United …

Summary Judgment & Appeal Victory

The Oklahoma Court of Civil Appeals affirmed the trial court’s summary judgment for our clients in Rowell v. Southwestern Bell Telephone Co and Frank Skupien. Congratulations to our clients and the lawyers who handled the case: Jeremy Ward, Emily Pearson, and Jennifer Ary. To briefly explain the case, during late 2012 and early 2013 AT&T …

Waiver of Oklahoma Tax Penalties and Interest

The Oklahoma Tax Commission (“OTC”) imposes tax penalties and interest on delinquent taxes. Interest accrues at 1.25% per month from the date of tax delinquency until paid in full. In addition, a tax penalty of at least 10% shall be added. If the OTC determines negligence caused the tax delinquency, they may assess greater tax …