Summary Judgment

SEC investigation, subpoenas not a “claim” 10th Circuit, Colorado (unpublished)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

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 …