GableGotwals represented subcontractor Metal Building Industries (MBI) in a 5-day jury trial to recover for non-payment for work completed on a commercial construction contract. The jury spent just 45 minutes deliberating before entering a verdict in favor of MBI on breach of contract for the entire $181,015.97.
GableGotwals obtained an Opinion from the Oklahoma Supreme Court affirming denial of a motion for temporary injunction in a matter filed pursuant to the Oklahoma Surface Damages Act. The oil and gas operator, represented by GableGotwals, was authorized to proceed with drilling its wells over the objection of a landowner claiming municipal zoning ordinances prevented the drilling. The District Court denied the landowner’s motion for temporary injunction, and the Oklahoma Supreme Court affirmed after the landowner was granted an emergency injunction to stop the drilling. The Oklahoma Supreme Court further ordered that the operator could collect on the landowner’s posted bond.
GableGotwals obtained summary judgment for a University in the District Court of Oklahoma County, State of Oklahoma. The University was sued for terminating a service contract with a vendor. The University counter-claimed for declaratory relief on grounds that it properly terminated the contract. District Judge Don Andrews held the vendor was in material breach of the parties’ service contract and the University’s termination was justified under the contract’s terms. Further, the Court held that the University did not tortiously interfere with the vendor and that the vendor was not entitled to an equitable accounting.
On claim challenging validity of lease and seeking recovery of over $2 million in oil and gas proceeds, and successfully defended summary judgment on appeal.
Ordering conveyance of overriding royalty on several thousand valuable mineral acres under disputed contract terms, and successfully defended judgment on appeal to Tenth Circuit Court of Appeals.
Represented tobacco companies in obtaining a favorable opinion from Oklahoma Supreme Court that a “fee” on the purchase of tobacco passed by the legislature to raise $215 million was actually a tax and subject to constitutional provisions governing revenue bills.
Represented class of landowners and municipalities in action against state entity for mass-flooding, obtaining class certification and liability judgment following trial. Case settled in excess of $10 million.
Represented disability insurance company before the Tenth Circuit Court of Appeals and obtained favorable judgment for client regarding whether the insured was entitled to disability benefits due to alleged back pain, fibromyalgia and depression.