Courts and More: December 15, 2021
Vol. 1 | No. 50 | December 15, 2021
Oklahoma Supreme Court
HO v. TULSA SPINE & SPECIALTY HOSPITAL
2021 OK 68, 119752Decided 12/14/2021
¶0 The appellant, Kristi Ho, a nurse, sued her employer, the appellee, Tulsa Spine & Specialty Hospital, L.L.C., alleging that the Hospital fired her because she would not come to work. She refused to go to work because of concern for her health and safety. She alleged the Hospital violated the Governor’s directive to discontinue elective surgeries for a short time during a COVID-19 pandemic, and it did so without providing her proper personal protective equipment. The Hospital filed a motion to dismiss, arguing that the nurse was an employee-at-will, and that she failed to state a claim for wrongful discharge under Oklahoma law. The trial court agreed, and dismissed the lawsuit. The nurse appealed, and we retained the cause to address the first impression question of whether the Governor’s temporary emergency COVID orders expressed public policy necessary to apply an exception to at-will employment which would support an action for wrongful discharge. We hold that because the Legislature expressly granted the Governor authority to issue temporary emergency orders, and the orders expressed the established public policy of curtailing an infectious disease, the exception to at-will employment as articulated by Burk v. K-Mart Corp. 1989 OK 22 , ¶17, 770 P.2d 24 and its progeny is applicable from March 24, 2020, until April 30, 2020. APPEAL PREVIOUSLY RETAINED; TRIAL COURT REVERSED; CAUSE REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION.
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. PANICK
2021 OK 67, SCBD-7155Decided 12/13/2021
¶1 The petitioner, Heather Catherine Panick is licensed to practice law in the States of Texas, Oklahoma, and Nebraska. She currently resides in Nebraska, but was suspended by the State of Texas for two years for misappropriating fund from an organization for which she volunteered. Upon consideration of the matter, we determine that:
IN RE AMENDMENTS TO RULES 4, 5, 6, 7, 9, 10 OF STATE BD. OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS
2021 OK 66, SCAD-2021-81Decided 12/13/2021
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.
Click for CalendarOklahoma Court of Criminal Appeals
Oklahoma Court of Civil Appeals
FOLSOM v. CENTURY LIFE ASSURANCE CO.
2021 OK CIV APP 50, 118920Decided 11/05/2021
Mandate Issued: 12/08/2021
¶1 Century Life Assurance Company (“Appellant”) appeals the trial court’s June 22, 2020 Order, which awarded Vickie L. Folsom (“Appellee”) an attorney fee award in the sum of $885,630.00 in a bad-faith insurance case that ended after Appellee accepted Appellant’s $125,000.00 offer to confess judgment. The trial court entered its judgment after an evidentiary hearing on Appellee’s application for attorney fees and costs and a review of Appellant’s response and other documents and exhibits. The trial court found that the lodestar attorney fee to which Appellee was entitled was $221,407.50. The trial court also found that Appellee was entitled to a $664,222.50, or 300%, fee enhancement–resulting in a total attorney fee award of $885,630.00. Based on the record and applicable law, we: modify the trial court’s lodestar calculation; affirm the trial court’s finding that an enhancement was warranted; and modify the enhancement and reduce the total attorney fee award to $230,263.80.
Dispositions Other than by Published Opinions
ELDER LAW: Immunity from Civil Liability
Remember Ethics! MCLE Deadline Dec. 31
The last day of 2021 is the last day to earn any remaining CLE credit for 2021 without having to pay a late fee. The deadline to report your 2021 credit is Feb. 15, 2022. Not sure how much credit you still need? You can view your MCLE transcript online. Still need credit? Check out great offerings from OBA CLE.
REMINDER. Your ETHICS MCLE requirement is now two hours. Choose from available online ETHICS courses here.
If you have questions about your credit, email mcle@okbar.org.
NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT
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 Ryan Andrew Kuzmic 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, JAN. 18, 2022. 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
NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT
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 Kelly Jo Walker 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, JAN. 25, 2022. 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
NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENTBYRON EARL HARVISON, SCBD # 7166
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 Byron Earl Harvison 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 THURSDAY, JAN. 27, 2022. 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
A Pre-Year-End Checklist for Solos and Small Firms
By Jim Calloway, DirectorManagement Assistance Program
It’s the time of year to think about planning for next year. Attorney Megan Zavieh shares some ideas in A Pre-Year-End Checklist for Solos and Small Firms posted on Attorney at Work. Although the author focuses on limiting ethical risks, her sample list of key business areas and suggestions for reviewing 
are useful for any type of solo and small firm law firm business assessment from financial planning to improving client services. Even if your end of year is too tightly scheduled to do this now, consider bookmarking or other method of saving this, so you can locate this resource again in the future.
