Justin A. Lollman is a shareholder at GableGotwals and is a member of the Firm’s appellate litigation group. His practice focuses on appeals, original proceedings, and critical motions in state and federal courts across the country, with an emphasis on the Tenth Circuit and Oklahoma appellate courts. He has handled appeals across a broad range of subject areas, from commercial litigation and employment law to constitutional disputes, tort actions, and criminal cases. He has been recognized as a “Rising Star” in Appellate Law by Super Lawyers and “One to Watch” in Appellate Practice by Best Lawyers.
In addition to appeals, Justin often serves as embedded appellate counsel at the trial level, assisting trial counsel with developing legal strategies, briefing and arguing complex legal issues, and developing and preserving issues for appeal.
Justin is active in the Oklahoma and Tenth Circuit bars. He is the president of the Tenth Circuit Historical Society and a board member and past president of the Northern/Eastern Oklahoma Chapter of the Federal Bar Association. He serves on the Northern District of Oklahoma’s Local Criminal Rules Subcommittee and is a member of Tenth Circuit Criminal Justice Act (CJA) Appellate Panel, having been selected based on his demonstrated commitment, qualification, and skill in federal criminal appellate practice.
In addition to his legal endeavors, Justin serves on the board of the Tulsa Day Center, is a member of Harvard Avenue Christian Church, and is an alumnus of Leadership Tulsa Class 63.
Before joining the firm, Justin served as a law clerk for the Honorable Kenneth F. Ripple of the U.S. Court of Appeals for the Seventh Circuit and the Honorable Gregory K. Frizzell of the U.S. District Court for the Northern District of Oklahoma.
Justins’s recent experience includes:
Appellate Practice
- Successfully challenged State Auditor’s method for calculating county reimbursement rate for housing state inmates. Oklahoma Dep’t of Corr. v. Byrd, 2023 OK 97, 542 P.3d 845.
- Successfully defended judgment dismissing putative class action of Oklahoma counties for lack of subject matter jurisdiction. of Cnty. Commissioners of Cnty. of Seminole v. State ex rel. Oklahoma Dep’t of Corr., 2021 OK CIV APP 33, 499 P.3d 33.
- Obtained decision affirming summary judgment in favor of oil and gas operator in well-site injury dispute. Vandewarker v. Cont’l Res., Inc., 917 F.3d 626 (8th Cir. 2019).
- Successfully defended judgment dismissing officers of publicly traded company in derivative action alleging violations of Securities Exchange Act. Olagues v. Muncrief, 760 Fed. Apps 620 (10th Cir. 2019).
- Successfully challenged constitutionality of state tax on cigarettes that had been labeled as a “fee.” Naifeh v. State ex rel. Oklahoma Tax Comm’n, 2017 OK 63, 400 P.3d 759.
- Successfully defended judgment setting aside municipal ballot measure as misleading. Phillips v. Lenhart, No. 121,860 (Okla. Civ. App. 2024).
- Obtained decision affirming dismissal of defamation action under Oklahoma’s Anti-SLAPP statute. Busman v. I-44 Antique Mall, No. 121,633 (Okla. Civ. App. 2024).
- Filed amici brief on behalf of vocational work providers supporting work-based recovery program, successfully urging rehearing of panel decision holding recovery participants were “employees” of the program under Klick v. Cenikor Foundation, 94 F.4th 362 (5th Cir. 2024).
- Filed amici brief on behalf of vocational work providers supporting work-based recovery program, successfully urging reversal of district court decision holding recovery participants were “employees” of the program under Arkansas Minimum Wage Act. Fochtman v. Hendren Plastics, Inc., 47 F.4th 638 (8th Cir. 2022).
- Successfully opposed petition for writ of prohibition challenging district court’s exercise of personal jurisdiction over out-of-state pipeline company. Highland Pipeline Leasing, LLC v. Sellers, 119,069 (Okla. 2020).
- Successfully opposed petition for writ of prohibition challenging district court’s authority to conduct mid-litigation asset hearing for enforcement of sanction award. Legacy Valve, LLC v. Walke, No. 118,182 (Okla. 2020).
White-Collar Litigation and Criminal Defense
- Successfully defended corporate executive in criminal tax prosecution, obtaining a hung jury and subsequent dismissal of indictment.
- Successfully defended Texas skilled nursing provider in False Claims Act suit involving over $94 million in claims, securing complete dismissal with prejudice.
- Successfully defended Oklahoma home health care company in False Claims Act suit involving over $7.45 million in claims, securing complete dismissal with prejudice.
- Successfully defended client charged with obstruction of justice, obtaining post-indictment dismissal of all charges and deferred prosecution agreement.
- Secured order suppressing evidence obtained pursuant to unlawful traffic stop, persuading trial court that officer’s testimony was “not credible.”
- Successfully negotiated and secured favorable sentence for defendant charged with unlawful possession of unregistered firearm, resulting in 13-level downward variance.
Complex Commercial Litigaton
- Secured permanent injunction and $3.4 million in damages against ball-valve manufacturer and its executives for misappropriation of trade secrets and confidential business information.
- Defended pizza franchises in multiple FLSA actions brought by delivery drivers arising from dispute over mileage reimbursement rate.
- Defended engineer accused of conspiring to misappropriate competitor’s confidential business information.
- Represented hydrogen producer in commercial lease dispute.
- Represented faith-based vocational recovery program in U.S. Department of Labor investigation.
- Defended trailer manufacturer in breach of warranty case, obtaining dismissal of all claims.
- Represented landowner in RICO and nuisance action against marijuana grow farm.
- Represented midstream company in a pipeline lease dispute arising from latent defects in leased pipeline and owner’s failure to make necessary repairs.
- Secured order compelling arbitration of dispute over managed care agreement, persuading district court that arbitration was not foreclosed under McCarran-Ferguson Act.
- Represented municipal zoo in professional negligence action against architecture firm, defeating motion for summary judgment.
- Representing insurance company in ongoing subrogation dispute with another insurer arising from commercial busing accident.
- Defending poultry processing company in ongoing FLSA and forced labor putative class action.