Contracts
Contract Articles
Jennifer Ary Presentation – Lawsuit Funding
Jennifer Ary presented at the ALFA International - CBCS: Virtual Regional Seminar on discovering, addressing, and ethical considerations behind 3rd Party Litigation Funding. if you'd like to learn more, contact Jennifer.
Construction Contract Series – Important Legal Provisions – Jurisdiction & Venue
Construction Contract Series - Important Legal Provisions – Jurisdiction & Venue What is a Jurisdiction and Venue Clause in a Construction Contract? Below is a basic jurisdiction and venue clause: THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF...
Jeremy Ward and Jennifer Ary Appeal Victory
On October 4, 2019, Jeremy Ward and Jennifer Ary obtained a ruling from the Oklahoma Supreme Court reversing and remanding a judgment adverse to our clients. Our clients, the Plaintiffs, sued Defendant Tamko Building Products in the Oklahoma state court system for the...
Joe Farris and Paula Quillin Trial and Appeal Victory
On April 4, 2019, the Court of Civil Appeals of the State of Oklahoma affirmed a judgment obtained for our clients through trial and briefing by Joe Farris and Paula Quillin. Our client, the Plaintiff, sued Defendants for fraud/deceit, conversion, tortious...
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...
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...
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...
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...
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...
Enforcing A Promise When There Is No Contract
By Paula Quillin. The Court in Russell v. Board of County Commissioners, 1997 OK 80, 952 P.2d 492 outlined the elements of the doctrine of promissory estoppel. The Court first noted that "Promissory estoppel, which is grounded in the Restatement (Second) of Contracts...