Oklahoma Bar Journal
August 2021 | Personal Injury
Wells, Whipple and the Election of Remedies
By Dustin Vanderhoof
It has long been the law in Oklahoma that the exclusive remedy for accidents arising out of and in the course of one’s employment was found within the Oklahoma Workers’ Compensation Court/Commission. In 2005, things changed, and an exception to the exclusivity provisions was born.
Interpleaders – How a Plaintiff’s Attorney Can Use Them Effectively
By Ashley Leavitt
Interpleader. Did you shudder? Interpleaders are not as scary as they are often perceived. Black’s Law Dictionary describes an interpleader action as “a suit to determine a right to property held by a usually disinterested third party who is in doubt about ownership and who therefore deposits the property with the court to permit interested parties to litigate ownership.
Pitfalls of Persecuting Premises Liability Claims Against Tribal Casinos
By Hugh M. Robert and Daniel M. Phillips
Claims against tribal entities have their own unique set of procedures and pitfalls waiting to snare the unwary attorney. This article provides an overview of the history, the process and some important areas to pay close attention to (and pitfalls to avoid) and should serve as a primer on the subject of premises liability claims against tribal casinos.1
The History and Evolution of Life Care Planning
By Sherry A. Latham
What is a life care plan? By definition, “The life care plan is a dynamic document based upon published standards of practice, comprehensive assessment, data analysis, and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs.”1
Selected Scenes from the Upcoming Netflix Series: Good Faith -The Uninsured/Underinsured Motorist Episode
By Jacob L. Rowe and Simone Fulmer Gaus
We invite you to join us in a moment of levity as we explore some common issues we deal with in many cases we have handled involving an insurance company’s violation of the duty of good faith in its handling of UM claims. We hope you enjoy it.