Summary Judgment at Trial Court
Obtained summary judgment for third party defendant in a class action involving indemnification claims exceeding $100 million.
Litigation Case Results
Obtained Dismissal (Forum Non Conveniens) and Appellate Affirmance
In an action involving foreign litigants, obtained favorable trial court decision dismissing client based on forum non conveniens which dismissal was upheld by the Tenth Circuit Court of Appeals.
Successful Appellate Representation
Represented insurer in action before Tenth Circuit Court of Appeals and obtained reversal of trial court with instruction for district court to enter judgment in favor of defendant on bad faith claims.
Summary Judgment at Trial Court
In action representing employer, obtained summary judgment in favor of client/employer in claim involving sexual harassment and retaliation in violation of Title VII.
Obtained Summary Judgment for Employer
In action by Plaintiff alleging age discrimination and related employment claims obtained favorable trial court rulings.
Major Litigation Victory for Superior Pipeline Company
A producer behind one of Superior’s gas processing plants claimed entitlement to a percentage of Superior’s condensate proceeds even though the contract did not require it. Superior won in district court, the producer appealed, but Oklahoma’s Court of Civil Appeals affirmed judgment for Superior. On June 2nd, the Oklahoma Supreme Court denied the producer’s Petition for Certiorari (Case No. 111,373). In addition, the court also awarded Superior 100% of its attorneys’ fees, just under $200,000.00.
Unanimous Oklahoma Supreme Court Decision Regarding the Power of Eminent Domain
GableGotwals secured a unanimous victory from the Oklahoma Supreme Court regarding the necessity of takings under the power of eminent domain. The Firm’s client, a FERC interstate natural gas pipeline, brought a condemnation action to acquire additional easement rights, including access easements over existing roads because the existing agreements between the parties did not provide reliable access to the pipelines and facilities for erosion control and maintenance work. The landowner challenged the necessity of the taking, arguing that the preexisting easements preempted any later exercise of eminent domain and that the taking did not meet the legal standard of necessity for public use. The Oklahoma Supreme Court rejected the landowner’s arguments and ruled in favor of the Firm’s client. In affirming the district court’s ruling, the Oklahoma Supreme Court upheld well settled law that the right of eminent domain cannot be contracted away, meaning that preexisting easements do not prevent later exercise of eminent domain. The Court also reiterated that condemning authorities, such as pipelines, have wide discretion in determining the location and routes of their easements. The Court concluded that the easement rights sought in the condemnation action were necessary for the public use.
Oklahoma Supreme Court Win on Behalf of the Alcohol Industry
The Oklahoma Supreme Court recently struck down SB 608 in a legal challenge litigated by GableGotwals. The Firm represented participants from all three tiers of the alcohol industry—manufacturers, wholesalers, and retailers—that objected to the unconstitutional legislation. SB 608 sought to roll back modernizations reforms to the state’s alcohol-distribution system that voters had approved under State Question 792. SB 608 would have forced wine and spirit manufacturers to sell to every licensed wholesaler in the state, even those which don’t agree to basic quality and inventory controls.