Supreme Court of Oklahoma | January 12, 2022
PROGRESSIVE DIRECT INSURANCE CO. v. POPE
2022 OK 4, 119309
Decided 01/11/2022
¶0 Insurer sought a declaratory judgment in the District Court of Tulsa County for the purpose of adjudicating whether its insurance policy excluded treble damages pursuant to 47 O.S.2011, § 10-103 . Insurer filed a motion for summary judgment, and the Honorable J. Doug Drummond, District Judge, concluded the treble damages provided by 47 O.S. 2011, § 10-103 were punitive in nature, and the damages were excluded by a clause excluding punitive damages. Injured motorist appealed the subsequent consent judgment which was based, in part, upon the trial court’s adjudication of the treble damages issue. The Supreme Court retained the appeal sua sponte . We hold: Statutory treble damages in 47 O.S.2011, § 10-103 are punitive in nature and punitive damages were expressly excluded by the policy.
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. LANCE
2022 OK 3, SCBD-7183
Decided 01/10/2022
¶1 The Oklahoma Bar Association (OBA), in compliance with Rules 7.1 and 7.2 of the Rules Governing Disciplinary Proceedings (RGDP), has forwarded to this Court certified copies of the Informations, Probable Cause Affidavits, Pleas, Judgment and Sentence, and Order Deferring Imposition of Judgment and Sentence, in the matters of State of Oklahoma v. Lance Timothy Lance, in cases CM-2020-56, CM-2020-192, CM-2021-206, and CM-2021-224, all in Murray County, Oklahoma. Following pleas of no contest on all counts in all the cases, in CM-2020-56, the Court entered a sentence of one year with all but 90 days of the sentence suspended for the misdemeanor crime of Driving Under the Influence of Intoxicants in violation of 47 O.S. § 11-902 (A)(4). In cases CM-2020-192, CM-2020-206, and CM-2021-224, the Court deferred sentencing for 5 years, except for 90 days to be served in jail, for each case and count, for the following crimes:
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ROLLER
2022 OK 2, SCBD-6907
Decided 01/10/2022
¶1 Before this Court is (1) the affidavit of Respondent Michelle Ann Roller filed pursuant to Rule 8.1 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A, requesting that this Court allow her to resign her membership in the Oklahoma Bar Association (OBA) and relinquish her right to practice law, (2) the OBA’s Application for Order Approving Resignation Pending Disciplinary Proceedings, and (3) the OBA’s Application to Assess Costs.
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SCOTT
2022 OK 1, SCBD-7035
Decided 01/11/2022
¶0 Complainant, State of Oklahoma ex rel. Oklahoma Bar Association, charged Respondent, Robert Carlyle Scott, with two counts of professional misconduct including failure to diligently represent his clients, failure to communicate, failure to respond to a lawful demand for information from a disciplinary authority, commission of an act contrary to prescribed standards of conduct, and failure to timely respond to a grievance. The Trial Panel recommended that Respondent be suspended for two years and one day. We hold there is clear and convincing evidence that the totality of Respondent’s conduct warrants disbarment. Respondent is ordered to pay the costs as herein provided within ninety days after this opinion becomes final.