Oklahoma Supreme Court
2021 OK 54, 118474
¶0 An opioid manufacturer appealed a $465 million verdict following a bench trial in a public nuisance lawsuit. The district court held the opioid manufacturer liable under Oklahoma's public nuisance statute for its prescription opioid marketing campaign. The State of Oklahoma counter-appealed, and this Court retained the appeal. We hold the opioid manufacturer's actions did not create a public nuisance. The district court erred in extending the public nuisance statute to the manufacturing, marketing, and selling of prescription opioids.
¶1 The State of Oklahoma ex rel. Oklahoma Bar Association (Complainant) has presented this Court with an application to approve the resignation of James T.M. Montgomery (Respondent), OBA No. 10410, from membership in the Oklahoma Bar Association. Respondent wishes to resign pending disciplinary proceedings and investigation into alleged misconduct, as provided in Rule 8.1 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A.
¶1 Complainant State of Oklahoma ex rel. Oklahoma Bar Association has presented this Court with an application to approve the resignation of Respondent William Wayne Eakin, OBA No. 2588, from membership in the Oklahoma Bar Association. Respondent requests that he be allowed to relinquish his license to practice law and to resign his bar membership pending disciplinary proceedings, as detailed in his affidavit prepared in compliance with Rule 8.1, Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011 ch. 1, app. 1-A. As provided in Rule 8.2, RGDP, the Court "may enter an order approving the resignation pending disciplinary proceedings" upon the filing of Respondent's affidavit in this Court.
The Supreme Court of Oklahoma Court Calendar
The Supreme Court of Oklahoma is in session year round, unless otherwise noted. The Court regularly schedules conferences on Mondays and other days as needed.
Oklahoma Court of Criminal Appeals
No published opinions this week.
Oklahoma Court of Civil Appeals
¶1 Defendant Brian Boodoosingh appeals the trial court's orders granting Plaintiff Paycom Payroll, LLC's motion for reasonable attorneys' fees and denying Defendant's motion to reconsider. After review of the facts and relevant law, we reverse the trial court's order granting Plaintiff's motion for attorneys' fees and decline to address Defendant's motion to reconsider because it is based on a non-appealable order.
¶1 This action arises from the parties' involvement in a stock purchase agreement. Following a nonjury trial, the district court's "Journal Entry" was filed in which it explained it had ordered Defendant Debra Diane Stiger, following the nonjury trial, to convert her counterclaim against Plaintiff Jeana Osborn and her crossclaim against Kevin Osborn "to Third-party Practice." The district court stated that Ms. Stiger "has failed to timely file a Third-Party Petition with Summons against" either Ms. Osborn or Mr. Osborn; therefore, the district court dismissed Ms. Stiger's counterclaim and crossclaim with prejudice. Based on our review, we reverse and remand with directions.
Dispositions Other than by Published Opinions
The Judicial Nominating Commission seeks applicants to fill a vacancy for the position of Judge for the Oklahoma Court of Civil Appeals, District 4, Office 2. This vacancy is created by the resignation of the Honorable Trevor Pemberton on October 18, 2021.
To be appointed to the office of Judge of the Court of Civil Appeals, one must be a legal resident of the respective district 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 four years’ experience in Oklahoma as a licensed practicing attorney, a judge of a court of record, or both.
Application forms can be obtained online or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chairman of the JNC no later than 5:00 p.m., Friday, December 10, 2021. Applications may be hand-carried, mailed or delivered by third party commercial carrier. Whether mailed or delivered, they must be postmarked on or before December 10, 2021, to be deemed timely.
Applications should be mailed/delivered to:
James Bland, Chairman
Oklahoma Judicial Nominating Commission
c/o Tammy Reaves
Administrative Office of the Courts
2100 N. Lincoln Blvd., Suite 3
Oklahoma City, OK 73105
NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT
OF SIDNEY WADE JONES, SCBD # 7126
TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION
Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., ch. 1, app. 1-A, that a hearing will be held to determine if Sidney Wade Jones should be reinstated to active membership in the Oklahoma Bar Association.
Any person desiring to be heard in opposition to or in support of the petition may appear before the
Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Oklahoma City, Oklahoma, at 9:30 a.m. on TUESDAY, DECEMBER 7, 2021. 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.
PROFESSIONAL RESPONSIBILITY TRIBUNAL
By Jim Calloway, Director
Management Assistance Program
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