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.

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.

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.

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.

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.

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.

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.

GableGotwals obtained a unanimous jury verdict in favor of its client, Toklan Oil & Gas, LLC, in Tulsa County District Court. The case arose from a casing leak repair operation on an oil well. After four days of trial, the Court submitted the case to the jury who returned a unanimous verdict in favor of Toklan.

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