Oklahoma Supreme Court News

Oklahoma Court Says Home Warranty Contract Is Insurance, Nixes Forced Arbitration

A home warranty contract is an insurance contract. That’s the conclusion of the Oklahoma Supreme Court in a case in which the plaintiffs challenged a mandatory arbitration provision in a home warranty contract, maintaining such provisions are not legal under …

Split Okla. Supreme Court Sides with Plaintiffs in Attorney Fee Dispute

An insurer that failed to pay a claim within 60 days cannot be considered the prevailing party even if a claimant is eventually awarded less than the carrier’s settlement offer, a divided Oklahoma Supreme Court ruled. The 6-3 opinion marks …

Oklahoma High Court: Cities May Regulate Medical Marijuana

The Oklahoma Supreme Court has ruled that cities may approve some regulations of the medical marijuana industry. The court has dismissed an appeal by the city of Broken Arrow in a case filed by marijuana grower Austin Miller. Miller said …

Oklahoma Supreme Court Tosses Non-Economic Damages Cap

The Oklahoma Supreme Court on April 23 struck down a state law that caps monetary damages for pain and suffering in personal injury lawsuits, the latest civil justice measure backed by the Republican-controlled Legislature to be invalidated by the state’s …

Oklahoma High Court Rejects Immediate Delay of Opioid Trial, Sets Hearing Date

The Oklahoma Supreme Court has rejected a request by drugmakers to immediately postpone the start of what is expected to be the first state trial in lawsuits accusing the companies of fueling an opioid epidemic. The court instead set a …

Oklahoma High Court: Rebates Still Available to Workers’ Comp Carriers, Self Insurers

If a recent ruling by the Oklahoma Supreme Court remains unchanged, the state’s tax authority may end up having to pay millions of dollars in rebates to workers’ compensation carriers and companies that self-insure for workplace injuries. In an unpublished …

Oklahoma’s High Court: Oil Company Can Be Sued After Worker Injury or Death

The Oklahoma Supreme Court has ruled that oil and natural gas companies can be sued when a worker is killed or injured on the job. The state’s highest court struck down a state workers’ compensation law that exempted oil and …

Oklahoma Supreme Court Overturns Ruling in Liquor Tax Lawsuit

The Oklahoma Supreme Court has overturned a lower court ruling that hundreds of restaurants in the state overcharged customers for mixed drinks. Lawsuits filed in 2011 by Tom Erbar and John Truel alleged restaurants overcharged by adding a 13.5 percent …

Oklahoma Supreme Court Strikes Down State’s New Drunk Driver Law

The Oklahoma Supreme Court has ruled that a new drunken-driving law that created a new program for first-time DUI offenders and abolished the appeals process for those trying to keep their licenses after a DUI arrest is unconstitutional. In 5-4 …

Oklahoma’s Medical Malpractice ‘Affidavit of Merit’ Law Ruled Unconstitutional

In an unpublished opinion decided Oct. 24, the Oklahoma Supreme Court ruled that a state law aimed at curtailing the filing of medical malpractice lawsuits is unconstitutional. The Court came to that conclusion in reviewing John v. Saint Francis Hospital, …