News & Events
Feldman Franden Super Lawyers 2011
Lawyers from Feldman, Franden, Woodard & Farris were chosen for the 2011 “Super Lawyers.” Each candidate is evaluated and reviewed by their peers within their primary area of practice. Twelve indicators of professional achievement are used: verdicts, settlements and transactions; representative clients; experience; honors and awards; special licenses and certifications; position within law firm; bar …
Counsel Indemnification for Client’s Medical Bills Unethical in Oklahoma
Recently, an Oklahoma advisory opinion held it was permissible for a represented party to sign a release and hold harmless agreement with language agreeing to indemnify another party for medical bills, medical liens, and government claims as part of a settlement. However, the advisory opinion held it unethical for the represented party’s counsel to also …
Resort to a Judicial Forum Is Not Bad Faith On the Part of the Insurer
Resort to a judicial forum is not per se bad faith or unfair dealing on the part of the insurer regardless of the outcome of the suit. That principle was affirmed by the Oklahoma Supreme Court, answering a certified question in GEICO v. Quine, 2011 OK 88. The exact question answered was: Does an insurer’s …
Retaliatory Discharge for Pursuing a Workers Compensation Claim
Section 41 of the Oklahoma Workers’ Compensation Statute, 85 OKLA. STAT. § 341, prohibits an employer from retaliating against an employee who files a workers’ compensation claim. The statute provides: A. No employer may discharge or, except for non-payment of premium, terminate any group health insurance of any employee because the employee has in good …
More Tort Reform: 2011 Amendments to Oklahoma’s Anti-Discrimination Act
Beginning November 1, 2011, the Oklahoma Anti-Discrimination Act (OADA) will provide the exclusive remedy for discrimination in violation of the Act. The OADA prohibits discrimination based on race, color, national origin, sex, religion, creed, age, disability, or genetic information. Formerly, Oklahoma law allowed employees who were discriminated against because of their status (race, age, gender, …
OKLAHOMA TORT REFORM UPDATE
Three different laws will go into effect November 1 and many of them will be of interest to insurance companies, defendants who face the possibility of large verdicts, and manufacturers who may be involved in products liability actions. Cap on non-economic damages. Oklahoma has capped non-economic damages at $350,000.00. This law will apply to tort …
The 15 Things You Need To Know About Oklahoma Sales Tax
1. You are required to obtain a sales tax permit and collect sales tax for the state if you sell products or goods. 2. Also if you lease or rent products you are required to obtain a sales tax permit and collect sales tax except for transactions relating to houses, land, or apartments. 3. You …
Military Parents Have Rights Too
In May of 2011 the governor of Oklahoma signed into law the Deployed Parents Custody and Visitation Act (the “Act”) 43 O.S. § 150.1 et. al. The primary goal of the new Act is to address situations where military servicemembers lose custody of their child(ren) due to military service. The new Act grants new …
Basic Formalities to Maintain Limited Liability Status
Failure to comply with LLC formalities can result in individual liability to the members of the company if the “company veil” is pierced. Here are some important procedures to follow to maintain limited liability status. Limited Liability for Company Debts One of the principal advantages of forming a LLC is to limit or reduce your …
Oklahoma Medical Malpractice Basics
If a doctor, hospital, dentist, or other health care provider makes a mistake, can you sue him or her? Not necessarily. Medical malpractice involves matters of medical science and occurs when “those engag[ed] in the practice of the healing arts,” 76 O.S.2001, § 20.1, fail to “exercise ordinary care in delivery of professional services” when …