Litigation Case Results

Multi-Million Dollar Judgment on Behalf of BP

Following a bench trial that took place on April 24, 2024, the 250th Judicial District Court of Travis County, Texas entered a Final Judgment in favor of BP America Production Company (BP). The lawsuit was one of several disputes between BP and Border to Border Exploration LLC, BBX Operating LLC (the Defendants), and other related entities. In this matter, the Defendants and a related entity entered into a Development Agreement with BP to perform seismic testing on approximately 6,500 acres owned by BP in Jasper County, Texas in exchange for a drilling credit of $200 per acre. The credits were never used because no wells were drilled by the Defendants. However, the Defendants refused to repay the unused credits, as was required by the agreement, and attempted to limit any payment obligation to a related entity that had declared bankruptcy and therefore could not be a party to this lawsuit. The Honorable Judge Amy Clark Meachum entered judgment in favor of BP on May 2, 2024 and awarded actual damages of $1,302,622 against the Defendants, jointly and severally, as well as pre-judgment interest bringing the total award to approximately $2 million.

GableGotwals obtained a significant victory in the Oklahoma Supreme Court for its client, the Jackson County Emergency Medical Service District. In a unanimous, published opinion on a public law question of first impression, the High Court issued a writ against a Grady County District Judge prohibiting further proceedings in a personal injury case against the District. Neither the Oklahoma Constitution authorizing creation of the District nor the Oklahoma Governmental Tort Claims Act, which protects counties and cities, expressly authorizes immunity for Districts from damage suits. The Supreme Court held, the District had sovereign immunity and prohibited the District Court from going forward in the suit against the District.

Secured Favorable Ruling in Municipal Referendum Challenge

Successfully represented a local developer in a civil lawsuit protesting the legal sufficiency of the Referendum Petition related to Jenks Ordinance No. 1617.

Favorable Ruling for Energy Companies in Oilfield Dispute

BPX, Zurich American, and others sued Cameron International Corporation in Oklahoma state court for more than $65 million in connection with work that Cameron performed on an oil and gas well in DeWitt County, Texas. Cameron removed the case to federal court, even though Cameron and BPX were both citizens of Texas, claiming that BPX had been fraudulently joined as a plaintiff in an improper attempt to destroy diversity jurisdiction. BPX and Zurich American filed a Motion to Remand arguing, among other things, that the doctrine of fraudulent joinder did not apply to plaintiffs like BPX and Zurich American. The Honorable Charles B. Goodwin of the United States District Court for the Western District of Oklahoma agreed with BPX and Zurich American, noting the “pragmatic reasons to limit application of the fraudulent joinder doctrine to defendants and the absence of Tenth Circuit authority concluding that extension of the doctrine to plaintiffs is appropriate.” Therefore, Judge Goodwin concluded that federal jurisdiction did not exist and remanded the lawsuit back to Oklahoma state court.

Legal Technician in the Production of “Killers of the Flower Moon”

Trent Shores served as the Legal Technician on the production of “Killers of the Flower Moon,” vetting the courtroom and interrogation scenes in the film for accuracy.

Successful Dismissal of $94 Million False Claims Act Allegations Against Texas-Based Healthcare Provider

GableGotwals secured a dismissal of a lawsuit against Fort Worth-based company Creative Solutions in Healthcare, the largest skilled nursing provider in Texas after years of hard-fought litigation. The dismissal resolves with finality the False Claims Act allegations levied by Austin-based data analytics company Integra Med Analytics and vindicates the good character and law-abiding business practices of Creative Solutions in Healthcare.

Win for Cherokee Nation, Tossing Fugitive’s Lawsuit

GableGotwals successfully represented the Cherokee Nation in a civil lawsuit brought against it by Kimberlie Gilliland, an international fugitive from justice. From 2016 through 2019, the Cherokee Nation Attorney General charged Gilliland, a former executive director of the Cherokee Nation Foundation, with 15 total counts of embezzlement. While facing tribal criminal charges, Gilliland fled to Poland and filed a habeas petition in 2022 in the United States District Court for the Northern District of Oklahoma, seeking to have a warrant for her arrest voided and tribal embezzlement charges dismissed. GableGotwals sought to dismiss Gilliland’s petition and, in doing so, defended tribal sovereignty and protected the integrity of the Cherokee Nation’s justice system.

Additional Financial Services Victory for Security Bank & Trust Co.

Following GableGotwals’ successful representation of Security Bank & Trust, Co. on its civil claims for fraud, conspiracy, and civil RICO (racketeering) against a former bank customer and a former bank employee, criminal charges were filed by the U.S. Attorney’s Office in the Northern District of Oklahoma. In 2018, the bank was awarded actual and treble damages in the District Court of Ottawa County, Oklahoma, totaling $3,645,412.80, for a check kiting scheme involving John Theodore Linthicum, a former bank customer, and Angela Asbell, a former bank employee. In his criminal case, Linthicum pleaded guilty and was sentenced to 27 months in federal prison, followed by 5 years of supervised release. He also ordered to pay restitution of $1,215,137.60. Criminal charges against Asbell and a third participant, Doug Mayfield, remain pending.