Litigation Case Results

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.

Victorious Motion to Dismiss a Personal Injury Suit

Acted as local counsel for defendant Samsung SDI Co. Ltd.in a successful motion to dismiss a personal injury suit in the Western District Court of Oklahoma regarding a lithium-ion battery used in an e-cigarette allegedly exploded in the plaintiff’s pocket and caused injuries.

State Farm Fire Bad Faith Summary Judgment Win in the Northern District of Oklahoma

GableGotwals represented State Farm in Donald Temple and Mary Temple v. State Farm Fire & Casualty Company in the United States District Court for the Northern District of Oklahoma with Judge Robert J. Shelby presiding. The Court granted State Farm’s motion for sanctions, summary judgment on all claims, and awarded attorneys’ fees and costs based on an offer of judgment.

State Farm Fire Granted a Motion for Summary Judgment on Bad Faith and Punitive Damages in the Western District of Oklahoma

The Firm represented State Farm in Todd Wright et al. v. State Farm Fire & Casualty Company in the United States District Court for the Western District of Oklahoma with Judge Joe Heaton presiding, where State Farm was granted a Motion for Summary Judgment on bad faith and punitive damages.

State Farm Fire Granted Bad Faith and Punitive Damages for a Complete Victory in the Western District of Oklahoma

GableGotwals represented State Farm in Leon and Kimberly Taylor v. State Farm Fire & Casualty Company in the United States District Court for the Western District of Oklahoma with Judge Robin J. Cauthron presiding. The Court sustained State Farm’s motion on the breach of contract claim, and by extension, bad faith and punitive damages, making for a complete victory at the trial court level. This case involved public adjuster Coppermark.

State Farm Fire Bad Faith Summary Judgment Win in the Oklahoma County District Court

GableGotwals obtained summary judgment in Phoenix v. Dawkins v. State Farm Fire and Casualty Company. The suit was initiated by Phoenix Construction Disaster Services and Defendant/Third-Party Plaintiff, Taressa Dawkins, added a Third-Party claim against State Farm for breach of contract and bad faith. Oklahoma County District Court Judge Sheila Stinson held Dawkins breach of contract claim was barred by the one-year contractual limitations period. She further held in favor of State Farm on the merits of the claims for breach of contract and bad faith, making for another complete victory at the trial court level.