Significant Cases

Fletcher v. United States, 153 F. Supp.3d 1354 (N.D. Okla. Dec. 30, 2015) (lead counsel at hearing and principal author of briefing on behalf of a certified class of all Osage Indian headright owners that led to the cited decision, first-ever accounting order in Indian trust litigation [all other tribal cases seeking accountings have settled before an accounting was ever ordered] and principal author of Tenth Circuit briefs seeking expansion of the scope of the accounting [appeal now pending]).

Black Diamond Energy, Inc. v. Encana Oil & Gas (USA) Inc., 2014 WY 64, 326 P.3d 904 (2014)(lead trial and appellate counsel in highly complex litigation over a labyrinthine joint development agreement covering 23,000 acres of mineral properties in Wyoming)

In the Matter Of The Eclipse Aviation Depositor Claims (D-202-CV-2009-11924), State of New Mexico, County of Bernailillo, Second Judicial District Court. Organized a case and represented 136 plaintiffs who had pre-paid deposits on jet aircraft that were never delivered. Achieved settlement in excess of $43 million on behalf of plaintiffs on claims against individual officers and directors, following bankruptcy of Eclipse Aviation, In

Southeast Investments, N.C., Inc., et al. v. State of Oklahoma ex. rel. Okla. Securities Comm’n, No. 113,585 (Okla. App. July 20, 2016)(Oklahoma Securities Department proceeding against North Carolina broker-dealer and its Oklahoma agent seeking to cancel broker-dealer’s license. After extensive briefing, OSC Administrator substantially reduced sanctions sought by Commission staff to minor sanctions. Court of Appeals reversed Commission finding that client brokerage firm engaged in “dishonest and unethical practices,” affirming only OSC findings of technical violations).

Susan Eaton v. Bank of Oklahoma, N.A., District Court Tulsa County, Oklahoma, Case No. CJ-2010-5209. Represented class of bank’s customers in their claims against bank for wrongfully charging overdraft fees. Achieved settlement of $19 million.

In re CFS-Related Securities Fraud Litigation, 213 F.R.D. 435; 256 F.Supp.2d 1227; and260 F.Supp.2d 1123 (N.D. Okla. 2003)(Oklahoma counsel for NRSROFitch Inc. handling all Oklahoma securities, contract and fraud issues. Claims against Fitch were ultimately dismissed on summary judgment motion)

George Sanchez, et al v. Echosphere LLC (Dish Network), 2009 American Arbitration Case No. 71 460 00443 09. Nationwide Fair Labor Standards Act collective action against satellite television provider for failure to pay overtime to call-center employees. Case was arbitrated successfully with seven-figure award of back overtime, liquidated damages, and attorneys’ fees.

Mehlburger Brawley, Inc. v. Derryberry Naifeh, LLP, No. 113,853 (Okla. App., Dec. 9, 2016)(Trial court co-counsel and lead appellate counsel for intervening Receiver. In-depth appellate opinion on first-impression issue of a court-appointed receiver’s powers in Oklahoma. Unanimous reversal of trial court’s summary judgment in favor of defendant law firm against which Receiver seeks a malpractice judgment)

Hirsch Holdings, L.L.C v. Hannagan-Tobey, L.L.C., 193 P.3d 197 (Okla. App. 2007)(lead counsel for plaintiffs in trial court, 6-day arbitration trial and appeal. Court of Appeals reversed arbitration order in favor of defendants and Supreme Court denied cert)

Tarrant Regional Water Dist. v. Herrmann, ___ U.S. ___, 133 S. Ct. 2120, 186 L.Ed. 2d 153 (2013)(principal author of amicus brief to the Supreme Court on behalf of Upper Trinity Regional Water District in a far-reaching water rights dispute pitting multiple water districts in urban north Texas against the State of Oklahoma)

SEECO, Inc. v. Hales, 22 S.W.3d 157 (Ark. 2000)(co-counsel at trial and on appeal for gas producer SEECO in first-impression $60 million royalty claim arising from intra-company take-or-pay settlement)

Boyd Rosene and Assoc. v. Kan. Mun. Gas Agency, 123 F.3d 1351(10th Cir. 1997)(lead counsel for City of Winfield, Kan. in trial and appeals courts)

Boyd Rosene and Assoc. v. Kan. Mun. Gas Agency, 174 F.3d 1115 (10th Cir 1999)(attorneys’ fee issues after remand and second appeal; fees awarded to Winfield on second remand)

U.S. ex rel. Precision Co. v. Koch Industries, Inc., 971 F.2d 548 (10th Cir. 1992)(lead counsel for plaintiff in trial and appellate court. Court of Appeals reversed trial court dismissal of claims against Koch Industries)

U.S. ex rel. Precision Co. v. Koch Industries, Inc., 31 F.3d 1015 (10th Cir. 1994)(lead counsel for plaintiff in trial court; co-counsel with Arthur R. Miller of Harvard Law School on appeal. Court of Appeals reversed trial court dismissal of claims against Koch Industries)

Collins v. Oxley Petroleum, 897 F.2d 456 (10th Cir. 1990)(case of first impression in federal court under Oklahoma Surface Damages Act; lead counsel for defendant in trial and appeals courts)

U.S. v. 2,560.00 Acres of Land, 836 F.2d 498 (10th Cir. 1988)(co-counsel at trial and on appeal for oil and gas producer that had property condemned for Copan Lake)

Questa Energy Corp. v. Vantage Point Energy, Inc., 887 S.W.2d 217 (Tex.Civ.App. 1994)(sole trial counsel for defendant in contract dispute; defense jury verdict affirmed by Court of Appeals)

I.C. Gas Amcana, Inc. v. J.R. Hood, 855 P.2d 597 (Okla. 1992)(lead counsel for plaintiff at trial and on appeal; Supreme Court reversed counterclaim judgment for defendant)

Peabody Coal Co. v. State ex rel. Com'rs of Land, 884 P.2d 857 (Okla. App. 1992)(co-counsel for Peabody Coal)