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Street Law School: The ?Stand Your Ground? Law

by Brian Huddleston | Aug 2, 2013 | Legislation & Case Notes, Uncategorized

“Stand-your-ground” laws were first adopted in the United States by the State of Florida in 2005. Since 2005, thirty-one states, including Oklahoma, have enacted some form of stand-your-ground law, in which a person is granted certain immunities against...

After House Bill 1603 Was Found Unconstitutional, Is 12 O.S. ?2056 Still Good Law?

by Brian Huddleston | Jul 23, 2013 | Firm News, Legislation & Case Notes

An interesting point of law (at least to me) came up at a hearing today. “Summary Judgment” (12 O.S. ?2056) is a new statute added in 2009 by House Bill 1603 ?17, also known as the “Comprehensive Lawsuit Reform Act of 2009”. That Act was...

Oklahoma’s 2009 Tort Reform Law Struck Down As Unconstitutional

by Brian Huddleston | Jun 14, 2013 | Legislation & Case Notes

On June 4, 2013, the Oklahoma Supreme Court struck the sprawling mass of statutes passed in 2009 as H.B. 1603, or the?Comprehensive Lawsuit Reform Act?(CLRA), finding the statutes violate the Oklahoma Constitution. The CLRA required only injured plaintiffs to submit...

The View From Proskauer: Health Care Reform Litigation Risks ?The Intersection of ERISA Section 510 and the Affordable Care Act?s Whistleblower Provisions

by Brian Huddleston | Jun 4, 2013 | Legislation & Case Notes

The Affordable Care Act (ACA) is significantly changing employer health care obligations under the Employee Retirement Income Security Act (ERISA). Prior to ACA, the Supreme Court held that ERISA did not require employers to offer any level or type of welfare...

Victory On Appeal

by Brian Huddleston | Apr 19, 2013 | Firm News, Legislation & Case Notes, Real Estate Law

We were successful in having a summary judgment in favor of the bank reversed and remanded. ?This decision will be helpful to persons defending against a purported successor trustee of a securitized trust where there is no new assignment of the note to the successor...

Congress Extends Mortgage Debt Relief Act to January 1, 2014

by Brian Huddleston | Jan 2, 2013 | Legislation & Case Notes, Real Estate Law

In the law to avoid the so-called “Fiscal Cliff” passed on New Year’s Day, Congress extended ?to January 1, 2014,?the exclusion from gross income of discharged mortgage debt from a qualified principal residence. ?See,?Section 202 of the American...
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