Contract

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 …

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 …

Why You Should Hire Franden Farris to Form Your LLC

10 reasons to hire Franden | Farris | Quillin | Goodnight + Roberts to form your limited liability company (LLC): 1. Franden Farris has extensive experience forming all types of business entities; 2. Reasonable and competitive rates; 3. The firm completes your articles of organization, operating agreement, initial formation minutes, Oklahoma business registration packet, obtains …

2014 Franden Farris Super Lawyers & Rising Stars

“Super Lawyers” in Oklahoma are nominated by their peers, evaluated by researchers who review online databases and legal publications, and information supplied by lawyers. Candidates are grouped according to their practice areas, and a point system is used to determine the winning lawyers. Joe Farris is among the Top 10 Super Lawyers in Oklahoma. Paula …

New Oklahoma Statutes Effective November 1, 2014

Oklahoma has 186 new laws going into effect on November 1, 2014.  This article will address just the statutes we might routinely encounter. This summary hits the high points; there’s too many new laws to get into detail. HB 2372 – prohibits employers from requiring access to personal online social media accounts of employees, from …

2013 Franden Farris Super Lawyers & Rising Stars

Eleven Franden Farris lawyers (85% of the firm’s practicing lawyers) are among Oklahoma’s Super Lawyers for 2013. “Super Lawyers” in Oklahoma are nominated by their peers, evaluated by researchers who review online databases and legal publications, and information supplied by lawyers. Candidates are grouped according to their practice areas, and a point system is used to determine …

Counsel Indemnification for Client’s Medical Bills Unethical in Oklahoma

In December 2011 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 …

Franden | Farris | Quillin | Goodnight + Roberts Super Lawyers 2011

Lawyers from Franden, Farris, Quillin, Goodnight + Roberts 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; …