News & EVENTS
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...
SEC investigation, subpoenas not a “claim” 10th Circuit, Colorado (unpublished)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...
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...
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...
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...
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...
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...
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...
2016 Franden Farris Super Lawyers & Rising Stars
2016 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...