tulsalawyer.blogspot.com
Tulsa Lawyer: April 2011
http://tulsalawyer.blogspot.com/2011_04_01_archive.html
Feldman Franden Woodard and Farris. Wednesday, April 27, 2011. What Happens to Your Stuff if You Die Without a Will? If you don't have a Will, the State of Oklahoma has written one for you, designating who gets your property when you die. It's called "intestate succession." It is found in the Oklahoma Statutes, 84 Okla.Stat. § 213(B):. 1 If the decedent leaves a surviving spouse, the share of the estate passing to said spouse is:. 2) an undivided one-third ( 1/3 ) interest in the remaining estate, or.
tulsalawyer.blogspot.com
Tulsa Lawyer: Enforcing A Promise When There Is No Contract
http://tulsalawyer.blogspot.com/2010/12/enforcing-promise-when-there-is-no.html
Feldman Franden Woodard and Farris. Monday, December 20, 2010. Enforcing A Promise When There Is No Contract. 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. 167; 90, has been incorporated into Oklahoma common law.". At ¶ 27, citing. Roxana Petroleum Co. v. Rice. 1924 OK 1042, 235 P. 502;. Bickerstaff v. Gregston.
tulsalawyer.blogspot.com
Tulsa Lawyer: Courts get bored, too
http://tulsalawyer.blogspot.com/2010/08/north-philly-may-4-2001.html
Feldman Franden Woodard and Farris. Wednesday, August 25, 2010. Courts get bored, too. North Philly, May 4, 2001. Officer Sean Devlin, Narcotics Strike Force, was working the morning shift. Undercover surveillance. The neighborhood? Tough as a three-dollar steak. Devlin knew. Five years on the beat, nine months with the Strike Force. He'd made fifteen, twenty drug busts in the neighborhood. So begins Chief Justice Roberts' dissent in Pennsylvania v. Dunlap. No 96-2952 (7th Cir. 1997). The esteeme...This ...
tulsalawyer.blogspot.com
Tulsa Lawyer: February 2011
http://tulsalawyer.blogspot.com/2011_02_01_archive.html
Feldman Franden Woodard and Farris. Tuesday, February 22, 2011. Fraud Under Oklahoma Law. The elements of actionable fraud are: 1) a false material misrepresentation, 2) made as a positive assertion which is either known to be false or is made recklessly without knowledge of the truth, 3) with the intention that it be acted upon, and 4) which is relied on by the other party to his (or her) own detriment. Fraud is never presumed and each of its elements must be proved by clear and convincing evidence.
tulsalawyer.blogspot.com
Tulsa Lawyer: January 2011
http://tulsalawyer.blogspot.com/2011_01_01_archive.html
Feldman Franden Woodard and Farris. Monday, January 3, 2011. Workers Compensation Death Benefits Not Subject to Insurer's Subrogation Claim. In McBride v. Grand Island Express. 2010 WL 5080933, 2010 OK 93, the Oklahoma Supreme Court held that insurers have no right to subrogation. For workers compensation insurance death benefits paid to a deceased employee’s beneficiaries. On appeal, the Court of Civil Appeals reversed the trial court and allowed the insurer to intervene and allowed subrogation of death...
tulsalawyer.blogspot.com
Tulsa Lawyer: What Happens to Your Stuff if You Die Without a Will?
http://tulsalawyer.blogspot.com/2011/04/what-happens-to-your-stuff-if-you-die.html
Feldman Franden Woodard and Farris. Wednesday, April 27, 2011. What Happens to Your Stuff if You Die Without a Will? If you don't have a Will, the State of Oklahoma has written one for you, designating who gets your property when you die. It's called "intestate succession." It is found in the Oklahoma Statutes, 84 Okla.Stat. § 213(B):. 1 If the decedent leaves a surviving spouse, the share of the estate passing to said spouse is:. 2) an undivided one-third ( 1/3 ) interest in the remaining estate, or.
tulsalawyer.blogspot.com
Tulsa Lawyer: December 2010
http://tulsalawyer.blogspot.com/2010_12_01_archive.html
Feldman Franden Woodard and Farris. Monday, December 20, 2010. Enforcing A Promise When There Is No Contract. 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. 167; 90, has been incorporated into Oklahoma common law.". At ¶ 27, citing. Roxana Petroleum Co. v. Rice. 1924 OK 1042, 235 P. 502;. Bickerstaff v. Gregston.
tulsalawyer.blogspot.com
Tulsa Lawyer: October 2010
http://tulsalawyer.blogspot.com/2010_10_01_archive.html
Feldman Franden Woodard and Farris. Thursday, October 7, 2010. Intentional Infliction of Emotional Distress Under Oklahoma Law. Sometimes a person initating a lawsuit, who is called the "plaintiff," will sue another person for "intentional infliction of emotional distress." This type of claim is a tort, meaning wrongful conduct that damages another person. When a person has emotional distress to the point where he can sue the person that caused it, this is much more than being simply upset. Infliction of...
tulsalawyer.blogspot.com
Tulsa Lawyer: Fraud Under Oklahoma Law
http://tulsalawyer.blogspot.com/2011/02/fraud-under-oklahoma-law.html
Feldman Franden Woodard and Farris. Tuesday, February 22, 2011. Fraud Under Oklahoma Law. The elements of actionable fraud are: 1) a false material misrepresentation, 2) made as a positive assertion which is either known to be false or is made recklessly without knowledge of the truth, 3) with the intention that it be acted upon, and 4) which is relied on by the other party to his (or her) own detriment. Fraud is never presumed and each of its elements must be proved by clear and convincing evidence.
tulsalawyer.blogspot.com
Tulsa Lawyer: Medical Malpractice Basics
http://tulsalawyer.blogspot.com/2010/09/medical-malpractice-basics.html
Feldman Franden Woodard and Farris. Wednesday, September 29, 2010. If a doctor, hospital, dentist, or other health care provider makes a mistake, can you sue him or her? Medical malpractice involves matters of medical science and occurs when “those engag[ed] in the practice of the healing arts,” 76 O.S.2001, § 20.1, fail to “exercise ordinary care in delivery of professional services” when a duty is owed the plaintiff. Franklin v. Toal. 2000 OK 79, ¶ 14, 19 P.3d 834, 837. Jennings v. Badgett. 1993 OK 155...
