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...
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...
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...
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...
by Brian Huddleston | Feb 5, 2013 | Real Estate Law
When signing a commercial lease, it is essential to understand and agree to all of the provisions. The provisions in a commercial lease are usually designed to favor the landlord; however, a landlord may be willing to negotiate. An experienced real estate attorney...
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...
by Brian Huddleston | Nov 7, 2012 | Legislation & Case Notes, Real Estate Law
STATE QUESTION 758 — What it does: Reduces the cap on the maximum annual tax valuation increase for homestead properties and agricultural land from 5 percent to 3 percent. STATE QUESTION 759 — What it does: Bans preferential treatment (affirmative action)...
by Brian Huddleston | Oct 24, 2012 | Legislation & Case Notes, Real Estate Law
The Oklahoma Open Carry law goes into effect on Nov. 1. According to the Oklahoma Open Carry Association (OKOCA), the law means that: as of that date, ??it will be legal to openly carry a handgun in the State of Oklahoma. This means that any person with a valid...
by Brian Huddleston | Oct 11, 2012 | Real Estate Law
The landlord occasionally needs to decide whether an individual performing services in connection with his rental units should be treated as an employee or an independent contractor. This decision will determine whether the landlord withholds income and other taxes,...
by Brian Huddleston | Sep 10, 2012 | Legislation & Case Notes, Real Estate Law
?On March 15, 2012, HUD released a notice entitled “Protecting Tenants at Foreclosure Act: Additional Guidance on Notification Responsibilities Under Act with Respect to Occupied Conveyance”. This notice provides additional guidance on the notice, entitled...
