Sunday, June 18, 2017

Oklahoma Supreme Court addresses application of 20 OS 95.10

The Oklahoma Supreme Court holds that 20 OS 95.10 does not require judicial disqualification upon appellate reversal and remand.  The statute is not allowed to usurp the courts' superintending control of judicial assignments.

"Mere reversal of a lower court's dispositive rulings will not, standing alone, provide a sufficient basis to warrant disqualification."

http://www.oklahomatrustlaw.com/2017/02/new-decision-on-20-os-9510.html

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=479768

Commentary on the BNSF decision

Follow the link for excellent commentary on the BNSF decision on general jurisdiction.

http://journalrecord.com/2017/06/14/gavel-to-gavel-limiting-general-jurisdiction/

Saturday, January 21, 2017

NEW COURT DECISION REAFFIRMS ABSENCE OF PRIVATE RIGHT OF ACTION FOR PERJURY

If a garnishment affidavit contains a false statement, this does not give rise to a separate cause of action.  Instead, the remedy is within the action where the false statement was made.  "[S]uch an allegation is a defense to the underlying collection action and must be asserted in that suit." Stricklen v. O.I.P.M., LLC, 2017 OK CIV APP 3.