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  • Commentaries
  • Judgments

Oklahoma Case Commentaries

GANN v. STATE OF OKLAHOMA (2026 OK 24) — Issue Exhaustion Required for All Rate-Order Appeals; Public Comments Do Not Preserve Appellate Issues

GANN v. STATE OF OKLAHOMA (2026 OK 24) — Issue Exhaustion Required for All Rate-Order Appeals; Public Comments Do Not Preserve Appellate Issues

Date: Apr 23, 2026
GANN v. STATE OF OKLAHOMA (2026 OK 24): Issue Exhaustion Required for All Oklahoma Corporation Commission Rate-Order Appeals—Including Non-Parties; Public Comments Do Not Preserve Issues I....
Betts v. Toyota: Statute of Repose in Oklahoma Product-Liability Conflicts Governed by Restatement § 145 (Not § 146), Typically by the State of Registration/Garage

Betts v. Toyota: Statute of Repose in Oklahoma Product-Liability Conflicts Governed by Restatement § 145 (Not § 146), Typically by the State of Registration/Garage

Date: Apr 17, 2026
Betts v. Toyota: Statute of Repose in Oklahoma Product-Liability Conflicts Governed by Restatement § 145 (Not § 146), Typically by the State of Registration/Garage 1. Introduction Case: BETTS v....
Article XXIII, §12 “Exclusive Purpose” Precludes Legislatively Imposed Anti-ESG Divestment Regimes for OPERS

Article XXIII, §12 “Exclusive Purpose” Precludes Legislatively Imposed Anti-ESG Divestment Regimes for OPERS

Date: Apr 9, 2026
Article XXIII, §12 “Exclusive Purpose” Precludes Legislatively Imposed Anti-ESG Divestment Regimes for OPERS Case: DON KEENAN v. TODD RUSS, in his capacity as the Treasurer of the State of Oklahoma...
Overbroad Discovery Under 12 O.S. § 3226: Proponent Must Show Claim-or-Defense Relevance When Relevance Is Not Apparent

Overbroad Discovery Under 12 O.S. § 3226: Proponent Must Show Claim-or-Defense Relevance When Relevance Is Not Apparent

Date: Mar 13, 2026
Overbroad Discovery Under 12 O.S. § 3226: Proponent Must Show Claim-or-Defense Relevance When Relevance Is Not Apparent Case: CHICK-FIL-A v. THE HONORABLE RICHARD OGDEN & LOZADA Citation: 2026 OK 13...
Oklahoma Derivative-Suit Demand Must Be Specific and Allow a Reasonable Time to Investigate; Three Days Is Unreasonable

Oklahoma Derivative-Suit Demand Must Be Specific and Allow a Reasonable Time to Investigate; Three Days Is Unreasonable

Date: Feb 23, 2026
Oklahoma Derivative-Suit Demand Must Be Specific and Allow a Reasonable Time to Investigate; Three Days Is Unreasonable 1. Introduction Howard and Howard v. The Barrington Homeowners Association,...
Reciprocal Discipline Denied When Out-of-Jurisdiction Sanction Adequately Addresses Isolated Misconduct

Reciprocal Discipline Denied When Out-of-Jurisdiction Sanction Adequately Addresses Isolated Misconduct

Date: Feb 13, 2026
Reciprocal Discipline Denied When Out-of-Jurisdiction Sanction Adequately Addresses Isolated Misconduct Case: STATE OF OKLAHOMA ex rel., OBA v. LILE, 2026 OK 6 (Okla. Feb. 10, 2026) Proceeding:...
AWCA § 56(B): One Mandatory Change of Treating Physician, Additional Changes Permitted at the ALJ’s Discretion

AWCA § 56(B): One Mandatory Change of Treating Physician, Additional Changes Permitted at the ALJ’s Discretion

Date: Feb 10, 2026
AWCA § 56(B): One Mandatory Change of Treating Physician, Additional Changes Permitted at the ALJ’s Discretion Introduction In ST. ANTHONY v. GOODWIN and the WORKERS’ COMPENSATION COMMISSION (2026 OK...
When a Referendum Petition Voluntarily Includes a Gist Under the Local Development Act, It Must Accurately State TIF Duration Triggers and Maximum Public Assistance

When a Referendum Petition Voluntarily Includes a Gist Under the Local Development Act, It Must Accurately State TIF Duration Triggers and Maximum Public Assistance

Date: Feb 10, 2026
When a Referendum Petition Voluntarily Includes a Gist Under the Local Development Act, It Must Accurately State TIF Duration Triggers and Maximum Public Assistance Case: ALLISON v. MCCOY-POST, 2026...
Implementing Legislation Cannot Convert Constitutionally Fixed Board Terms into At-Will Service: TSET Board Seven-Year Terms Protected

Implementing Legislation Cannot Convert Constitutionally Fixed Board Terms into At-Will Service: TSET Board Seven-Year Terms Protected

Date: Jan 17, 2026
Implementing Legislation Cannot Convert Constitutionally Fixed Board Terms into At-Will Service: TSET Board Seven-Year Terms Protected Case: TOBACCO SETTLEMENT ENDOWMENT TRUST FUND v. STITT, Cite as:...
Attorney-Client Privilege for Public Bodies Does Not Expire When the “Pending” Matter Ends: ORA Requests Cannot Pierce Confidential Jones Day Investigative Reports

Attorney-Client Privilege for Public Bodies Does Not Expire When the “Pending” Matter Ends: ORA Requests Cannot Pierce Confidential Jones Day Investigative Reports

Date: Jan 15, 2026
Attorney-Client Privilege for Public Bodies Does Not Expire When the “Pending” Matter Ends: ORA Requests Cannot Pierce Confidential Jones Day Investigative Reports Case: NONDOC MEDIA and WILLIAM W....
“Further Implement” Does Not Mean “Substantively Alter”: Oklahoma Legislature Cannot Convert Constitutionally Fixed Board Terms into At-Will Service (TSET Board)

“Further Implement” Does Not Mean “Substantively Alter”: Oklahoma Legislature Cannot Convert Constitutionally Fixed Board Terms into At-Will Service (TSET Board)

Date: Jan 14, 2026
“Further Implement” Does Not Mean “Substantively Alter”: Oklahoma Legislature Cannot Convert Constitutionally Fixed Board Terms into At-Will Service (TSET Board) 1. Introduction In TOBACCO SETTLEMENT...
Attorney-Client Privilege for Oklahoma Public Bodies Does Not Expire When the “Pending” Matter Concludes (and Is Not Waived by Subpoenaed Joint-Interest Disclosures)

Attorney-Client Privilege for Oklahoma Public Bodies Does Not Expire When the “Pending” Matter Concludes (and Is Not Waived by Subpoenaed Joint-Interest Disclosures)

Date: Jan 14, 2026
Attorney-Client Privilege for Oklahoma Public Bodies Does Not Expire When the “Pending” Matter Concludes (and Is Not Waived by Subpoenaed Joint-Interest Disclosures) I. Introduction In NONDOC MEDIA...
Deemed Legislative Approval Does Not Cure Open Meeting Act Defects in Statewide Academic Standards

Deemed Legislative Approval Does Not Cure Open Meeting Act Defects in Statewide Academic Standards

Date: Dec 17, 2025
Deemed Legislative Approval Does Not Cure Open Meeting Act Defects in Statewide Academic Standards Case: REV. DR. MITCH RANDALL v. LINDEL FIELDS (Okla. Sup. Ct. Dec. 16, 2025) | Posture: Original...
Oklahoma Probate Appeals: Untimely Challenges to Vacatur Orders and Nonappealability of Preliminary Heirship Determinations Absent a “Substantial Right”

Oklahoma Probate Appeals: Untimely Challenges to Vacatur Orders and Nonappealability of Preliminary Heirship Determinations Absent a “Substantial Right”

Date: Dec 10, 2025
Oklahoma Probate Appeals: Untimely Challenges to Vacatur Orders and Nonappealability of Preliminary Heirship Determinations Absent a “Substantial Right” Case: IN THE MATTER OF THE ESTATE OF MELISSA...
Oklahoma Open Records Act: County Jail Public Trusts Are Not “Law Enforcement Agencies” Absent Duties to Enforce Criminal Laws and Initiate Prosecutions

Oklahoma Open Records Act: County Jail Public Trusts Are Not “Law Enforcement Agencies” Absent Duties to Enforce Criminal Laws and Initiate Prosecutions

Date: Nov 26, 2025
Oklahoma Open Records Act: County Jail Public Trusts Are Not “Law Enforcement Agencies” Absent Duties to Enforce Criminal Laws and Initiate Prosecutions Case: LAWSON v. LeFLORE CO. DETENTION CENTER...
Oklahoma Open Records Act Does Not Require Production of Native Email Files or Embedded Metadata

Oklahoma Open Records Act Does Not Require Production of Native Email Files or Embedded Metadata

Date: Nov 26, 2025
Oklahoma Open Records Act Does Not Require Production of Native Email Files or Embedded Metadata 1. Introduction BROOKE v. REED (Okla. Nov. 25, 2025) addresses a recurring modern public-records...
Causation and “Impact” as Gatekeepers to COVID-19 Medical Immunity: Commentary on Austbo v. Greenbriar (2025 OK 85)

Causation and “Impact” as Gatekeepers to COVID-19 Medical Immunity: Commentary on Austbo v. Greenbriar (2025 OK 85)

Date: Nov 19, 2025
Causation and “Impact” as Gatekeepers to COVID-19 Medical Immunity: A Commentary on Larry Austbo v. Greenbriar Nursing Home No. Two, Inc., 2025 OK 85 I. Introduction In Larry Austbo, Surviving Spouse...
Agency Heads May Serve as Cabinet Secretaries: 74 O.S. § 10.3 as a Freestanding Exception to Dual-Office Prohibition

Agency Heads May Serve as Cabinet Secretaries: 74 O.S. § 10.3 as a Freestanding Exception to Dual-Office Prohibition

Date: Nov 13, 2025
Agency Heads May Serve as Cabinet Secretaries: 74 O.S. § 10.3 as a Freestanding Exception to Dual-Office Prohibition Introduction STITT v. DRUMMOND, 2025 OK 82 (Okla. Nov. 12, 2025), presents a...
State ex rel. OBA v. Durbin: Clarifying First Amendment Limits on Lawyers’ Speech and Rejecting Anti‑SLAPP Defenses in Bar Discipline

State ex rel. OBA v. Durbin: Clarifying First Amendment Limits on Lawyers’ Speech and Rejecting Anti‑SLAPP Defenses in Bar Discipline

Date: Oct 22, 2025
State ex rel. OBA v. Durbin: Clarifying First Amendment Limits on Lawyers’ Speech and Rejecting Anti‑SLAPP Defenses in Bar Discipline I. Introduction The Oklahoma Supreme Court’s decision in State of...
Temporary Medical Relocation, Lost Wills, and Executor Renunciation in Oklahoma Probate: Commentary on Estate of Cunningham v. McClendon

Temporary Medical Relocation, Lost Wills, and Executor Renunciation in Oklahoma Probate: Commentary on Estate of Cunningham v. McClendon

Date: Oct 15, 2025
Temporary Medical Relocation, Lost Wills, and Executor Renunciation in Oklahoma Probate: A Commentary on Estate of Cunningham, Moore & Oklahoma City Community Foundation v. McClendon I. Introduction...
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