Tulsa Attorney BlogCategory: Civil Law

35 Articles:

• Oklahoma Supreme Court Strikes Barrier to Medical Malpractice Cases

  By Staff, December 5th, 2017

  The Oklahoma Supreme Court has again stricken a law that required plaintiffs to seek an experts approval before filing medical malpractice lawsuits.

• State Ordered to Pay Attorneys Fees in Illegal Drivers License Revocation

  By James M. Wirth, Esq., November 17th, 2017

  In a precedent-setting case, the Oklahoma Dept. of Public Safety was ordered to pay attorney fees after the agency twice illegally revoked a mans drivers license.

• Oklahoma Informed Consent Requires Disclosure When Assistants Perform Surgery

  By James M. Wirth, Esq., June 23rd, 2017

  The Oklahoma Supreme Court has reversed a district court decision in a Tulsa medical negligence case where a patient said she had not given informed consent for an assistant’s involvement in surgical procedures. In Oklahoma medical negligence claims, evidence that a patient did not consent to a particular assistant’s participation can be a reason to take a case to trial, the court concluded.

• Washington County Judge Upholds Oklahoma Citizen Participation Act

  By James M. Wirth, Esq., March 8th, 2016

  A Washington County court has dismissed a lawsuit on free speech grounds under a fast-track procedure created in the 2014 Oklahoma Citizens Participation Act. The decision runs contrary to two previous OCPA decisions in other libel cases, all of which involve the same group of Rogers County defendants, sued by former District Attorney Janice Steidley. The contrary rulings set the stage for an appellate decision on the Oklahoma law intended to provide timely relief when a libel lawsuit challenges constitutionally protected advocacy.

• Constitutional Tensions Strain Oklahoma Courts

  By James M. Wirth, Esq., January 25th, 2016

  Two top courts in Oklahoma’s bifurcated court system have published contrary opinions about whether criminal court deadlines include weekends or holidays. The Oklahoma Court of Criminal Appeals maintains a legislative mandate requires it to include count all calendar days in deadlines, even if the court is closed on a day of a deadline. The Oklahoma Supreme Court earlier published an opinion declaring its business-day rules govern some criminal court deadline procedures.

• Oklahoma Supreme Court Again Trumps Court of Criminal Appeals

  By James M. Wirth, Esq., December 16th, 2015

  Jurisdictional conflict erupted again in Oklahoma’s bifurcated court system when the top civil court ruled in a matter emerging from a criminal case. The matter involved how deadlines are computed when a litigant appeals a motion to disqualify a judge.

• Court Overturns Part of Oklahoma Drug Dealer Liability Act

  By James M. Wirth, Esq., September 15th, 2015

  The Oklahoma Supreme Court struck down part of the drug dealer liability law that created broad market share liability for distributors of illegal drugs. Tulsa injury attorneys may still file claims against drug dealers whose activities can be tied to individuals named in a drug dealer liability lawsuit.

• Oklahoma Courts Post 1000’s of Social Security Numbers Online

  By James M. Wirth, Esq., January 27th, 2015

  Basic Internet Safety Measures Overlooked A Wirth Law Office investigation has revealed that Oklahoma district courts routinely include Social Security numbers, drivers license numbers and birth dates in court records posted online. We launched the investigation after members of the public contacted our office with concerns about how courts use sensitive personal data. The investigation […]

• Criminal Court Sides With Civil Court on Oklahoma Sex Offender Registration – Sort Of

  By James M. Wirth, Esq., January 6th, 2015

  In State v. Hurt, the Oklahoma Court of Criminal Appeals affirmed a Tulsa District Court ruling that Oklahoma Sex Offenders Registration Act from 2004 and 2007 could not be enforced retroactively. The court said the legislature did not intend the amendments to apply retroactively.

• Oklahoma Attorney General seeks ‘Gag Order’ in Prison Rape Case

  By James M. Wirth, Esq., December 3rd, 2014

  Attorneys for a group of women allegedly raped by prison guards say the Oklahoma Attorney General’s Office is seeking a gag order that would unnecessarily bar attorneys from speaking with news media.