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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 […]

Driving Under the Influence – What Is Your Next Step?

Driving Under the Influence – What is your next step? Arrested and accused by the police of DUI? Scared? You might be asking yourself, “what’s next?” These are the first steps you should take to give yourself the best chance for a positive outcome in a tough situation. 1 – Write Everything Down and Do […]

Drug Testing by Private Employers in Oklahoma

An employer must adhere to the Oklahoma Statutes governing drug and alcohol testing or it may face civil liability for failing to do so. Private employers are not limited to which categories of employees can be tested; however, employers are only allowed to conduct a test pursuant to a detailed written policy and can only […]

When the Client Isn’t Right

Business owners, more often than not, try to abide by the maxim: “The customer is always right.” Abiding by that maxim, however, may land a business in the middle of a discrimination lawsuit filed by an employee. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, […]

Is Your Non-Compete Agreement Enforceable?

Employers have a legitimate interest in protecting their business as much as possible in case employees leave the company with business and client information. As such, not surprisingly, non-compete agreements are becoming commonplace in employment relationships. While the general rule is that parties can contract for anything they want, a contract restricting business competition may […]

Cybersecurity Procedures – Protect Your Data

“Cybersecurity – the state of being protected against the criminal or unauthorized use of electronic data, or the measures taken to achieve this.” Jeremy Ward is giving a presentation on Cybersecurity threats facing the construction industry to the ALFA International Construction Practice Group in Banff, Alberta on July 26, 2018. Jeremy and fellow specialists David […]

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.

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 […]