Vol. 1 | No. 20 | May 19, 2021
Oklahoma Supreme Court
HOWELL'S WELL SERVICE v. FOCUS GROUP ADVISORS
2021 OK 25, 117804
Decided 05/18/2021
¶0 Plaintiffs/Appellees filed suit alleging various claims stemming from the parties' investment relationships. Nearly seventeen months after they filed their answer in which they omitted arbitration as an affirmative defense, Defendants/Appellants moved to compel arbitration pursuant to the parties' agreements. Very little case activity involving Defendants/Appellants had taken place during that time. In an opinion released for publication, the Court of Civil Appeals, Division III, affirmed the trial court's denial of the motion to compel. The Court of Civil Appeals held that Defendants/Appellants waived any right to arbitration by failing to raise it in their answer. Defendants/Appellants sought, and this Court granted, certiorari.
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SMITH
2021 OK 8, SCBD-7008
Decided 05/17/2021
¶1 This Court finds that there is insufficient cause to proceed with the Rule 7 proceeding because the crime does not demonstrate the lawyer's unfitness to practice law. Therefore, no final order of discipline will be issued herein. This matter stands dismissed.
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BALINT
2021 OK 24, SCBD-7056
Decided 05/17/2021
¶1 On April 21, 2021, Complainant, the Oklahoma Bar Association (OBA), filed a verified complaint against Respondent, Andrew David Balint, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP) 5 O.S.2011, ch. 1, app. 1-A. With the concurrence of the Professional Responsibility Commission, the OBA requests an emergency interim suspension and related relief to preserve and recover funds, pursuant to Rule 6.2A of the RGDP.
Oklahoma Court of Criminal Appeals
No published opinions this week.
Oklahoma Court of Civil Appeals
No published opinions this week.
NEW. For an easier reading experience, click here for this week's Dispositions Other Than By Published Opinion.
It's Nomination Season
The OBA Awards Nomination season is upon us. Nominations are open through July 1, 2021. An online nomination form is available on the Awards page.
The Diversity Committee is accepting nominations through August 3, 2021, for its awards program.
Notice of Judicial Vacancy
May 10, 2021 - The Judicial Nominating Commission (JNC) today announced a vacancy for the position of Associate District Judge, Twelfth Judicial District, Rogers County, Oklahoma. This vacancy is due to the resignation of the Honorable Kassie McCoy.
To be appointed to this position, one must be a registered voter of Rogers County at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointee shall have had a minimum of two years’ experience within the State of Oklahoma as a licensed practicing attorney, a judge of a court of record, or both.
Learn more about the position by clicking here or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chair of the JNC no later than 5:00 p.m., Friday, June 11, 2021. Applications may be hand-delivered, mailed, or delivered by third party commercial carrier. If mailed or delivered, they must be postmarked on or before June 11, 2021 to be deemed timely. Applications should be mailed/delivered to:
Jim Webb, Chair
Oklahoma Judicial Nominating Commission
c/o Tammy Reaves
Administrative Office of the Courts
2100 N. Lincoln Blvd., Suite 3
TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION
REINSTATEMENT HEARING
JOEL EDWARD SCOTT, III, SCBD # 6962
9:30 a.m., Tuesday, May 25, 2021
Any person desiring to be heard in opposition to or in support of a petition may appear before the Professional Responsibility Tribunal at a scheduled hearing located at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Oklahoma City, Oklahoma. Any person wishing to appear should contact Gina Hendryx, General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007.
Whether you are hiring, looking for a career move, offering office space or searching for a service - let the OBA Classified service help.
OBA CLE Buy Now,
Learn on Your Time
Interested in an OBA CLE course, but have no time? Buy it and watch it when you can. That might be on the weekend, or late night, away from the demands placed on you during the traditional "work" day. You can expect high-quality and relevant content, from national experts and other Oklahoma attorneys. Read here about how OBA members are giving back as CLE presenters. Online courses are always available through OBA CLE.
Prevent iPhone Apps From Tracking You
By Jim Calloway
One of the creepiest things about modern technology is shopping for something with your phone and then ads for that product will be displayed on websites you visit and other apps you use for many days following. iPhone users now have a new tool to avoid this type of tracking and many will want to download and install the iOS 14.5 update now, instead of waiting for the automatic update. See Prevent iPhone apps from tracking you in iOS 14.5. Here’s how from C|Net for more details. Early statistics indicate 95% of users are opting out from being tracked, which cannot please Facebook, Google and others.
