Taylor Foster Law Firm

Representative Cases

Defense Practice

Beal v. Western Farmers Electric Cooperative, Inc., 2010 OK CIV APP 6, 228 P.3d 538 (published)(holding that electromagnetic field and stray voltage from electric transmission line do not give rise to trespass claims under Oklahoma law).

Oklahoma Municipal Power Authority and Public Utilities Board of Brownsville, Texas v. American Electric Power Corp.,Case No. CIV-08-1055-R, United States District Court for the Western District of Oklahoma.

B. Willis, C.P.A., Inc. v. BNSF Ry. Corp., et al., 531 F.3d 1282 (10th Cir. 2008)(published).

Vanzandt v. Peden, 2008 WL 1848298 (E.D. Okla.)(unpublished)(dismissal for lack of personal jurisdiction based on insufficient minimum contacts).

Cohlmia v. Ardent Health Services, L.L.C., 254 F.R.D. 426 (N.D. Okla. 2008).

Tulsa Propulsion Engines, Inc. v. Honeywell Intl. Inc., Case No. CV-07-360-RAW, United States District Court for the Eastern District of Oklahoma.

In re: The Complaint and Petition of Magnolia Marine Transport Company, as Owner of the M/V Robert Y. Love, its Engines, Tackle, etc., in a cause of exoneration from or limitation of liability, 366 F.3d 1153 (10th Cir. 2004)(published)(maritime limitation action does not violate State's Eleventh Amendment immunity).

In re: The Complaint and Petition of Magnolia Marine Transport Company, as Owner of the M/V Robert Y. Love, its Engines, Tackle, etc., in a cause of exoneration from or limitation of liability, CASE NO. CIV-02-615-P, United States District Court for the Eastern District of Oklahoma.

Nesmith v. Mitsubishi Heavy Industries, Ltd., et al., Rogers County District Court. Case No. CJ-2000-106.

City of Tulsa, et al. vs. Tyson Foods, Inc., et al, Case. No. 01-CV-0900-B(X), United States District Court for the Northern District of Oklahoma.

Thompson, et al. v. Tyson Foods, Inc., et al., Mayes County District Court Case No. CJ-01-452 (unpublished)(successful class action defense of claims for public and private nuisance).

Southern Disposal, Inc. v. Texas Waste Management and the City of Hugo, 161 F.3d 1259 (10th Cir. 1998)(published)(successful anti-trust defense).

B. Willis, C.P.A., Inc. v. Goodpaster and Public Service Company, 183 F.3d 1231 (10th Cir. 1999) (published)(affirming dismissal of complaint against state court judge and public utility for alleged First Amendment and equal protection violations).

 
 

Plaintiff Practice

 

Hinds v. Warren Transport, 1994 OK CIV APP 52, 882 P.2d 1099 (published)(affirming $10 million plaintiff's verdict against trucking company).

Echols v. OMNI Medical Group, Inc., _ _ F. Supp. 2d _ _, 2010 WL 4683568 (N.D. Okla.)(remand of medical malpractice claims to state court, finding that severance of non-diverse medical group was inappropriate for purposes of invoking diversity jurisdiction).

In re: Complaint of Bruce Gibson and Southern Equipment Rentals, L.L.C., as owners of the vessel Nashville Catz, for exoneration from, or limitation of, liability, 2009 WL 3241641 (E.D. Okla.)(successful prosecution of personal injury and property damage case arising from boating accident).

Havenstrite v. Hartford Life Ins. Co., 2008 WL 5450375 (N.D. Okla.)(denial of motion to dismiss plaintiff's complaint based on misuse of personal information to obtain corporate owned life insurance policies on plaintiffs).

Bilbrey v. Cingular Wireless, L.L.C., 2007 OK 54, 164 P.3d 131 (published)(holding arbitration clause unconscionable)(successful national class action against cellular phone carrier).

Public Service Company of Oklahoma v. B. Willis, C.P.A., Inc., 2007 OK CIV APP 18, 155 P.3d 845 (published)(affirming trial court's denial of Exceptions to Report of Commissioners arising from taking of railroad spur track for delivery of coal to coal fired generating station).

Blan v. Morrison, et al, District Court of Rogers County, Case No: CJ-2007-724 (successful personal injury case).

Ward v. Crest Discount Foods, District Court of Oklahoma County, Case No. CJ-2007-7479 (successful personal injury case).

Baker & Lewis Investments, LLC, et al. v. Quality Galvanizing, LLC, et al., Rogers County District Court. Case No. CJ-2006-653 (successful property damage case based on trespass and nuisance arising from fugitive dust).

KAMO Electric Coop. et al., v. Union Pacific Railroad Co., Case No. 09-CV-684-TCK-FHM, United States District Court for the Northern District of Oklahoma (eminent domain).

National American Ins. Co. v. SCOR Reinsurance Co., 362 F.3d 1288 (10th Cir. 2004)(published).

Brown v. Delta Air Lines Inc., 2004 WL 5041257 (W.D. Okla.)(not reported)(remand of class action claims based on airline fees).

Scott v. Werner Enterprises, Inc., United States District Court for the Eastern District of Missouri, Cause No.: 04CV00029FRB (successful plaintiff's settlement against trucking carrier).

In Re Williams Securities Litigation, Case No. 02-CV-72 TCK FHM, United States District Court for the Northern District of Oklahoma (successful national class action on behalf of purchasers of securities).

Morgan v. Galilean Health Enterprises, Inc., 1998 OK 130, 997 P.2d 357 (precedent setting attorney's fee case for plaintiff against nursing home).

Smith v. AT&T Wireless Services, Inc., District Court of Canadian County, CJ-2000-70 (successful national class action settlement against cellular phone carrier).

Holly v. GEO Transportation et al., District Court of Rogers County, CJ-1999-454, CJ-1999-455, CJ-1999-456 (successful settlement of multiple wrongful death cases).

Barry Cypret v. Sprint Corp. et al., Canadian County Case No. CJ-1999-110 (successful national class action against cellular phone carrier).