201203.29
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SCOTUS Rejects Privacy Act Claim by HIV+ Pilot

The New York Times is reporting that the Supreme Court ruled Wednesday that “a private pilot whose H.I.V.-positive status was improperly shared between government agencies cannot collect damages for the emotional distress he suffered when he was punished for hiding his medical condition from the Federal Aviation Administration.” According to the story by the New…

201203.27
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Must Oklahoma Doctors Explain Why They Should Not Treat?

Physicians diagnosed Bob Parris with prostate cancer, and following therapy and surgery, tests confirmed that Parris was cancer free, but he continued treating with his doctor for the next five years.  Parris claims that his doctor never told him that he was cancer free, and he later filed suit against the doctor alleging that he would have stopped treatment if he…

201203.27
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A Short Plain Statement, Plus?

In 2007 the United States Supreme Court voided the old Conley pleading standard that only required a plaintiff’s lawsuit to contain a short plain statement of the case. While the new Twombly standard has taken root in federal court, Oklahoma has continued to use the Conley standard in state court cases. That may have changed….

201203.26
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Employer Secrets?

Is an employer required to tell an applicant about the financial condition of the company?  What if the employer knew the company had just lost a contract with a major client?  What if that client was the major source of business for the position that the applicant was applying for?  Is it fair to keep…

201203.25
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OSBI To Investigate Apparent Jail Suicide

A Mangum man awaiting trial on first degree rape charges has apparently committed suicide in the Jackson County Jail. Trent Davis was found March 22 at 5:45 p.m. hanging from a sock tied to the cell’s ventiliation duct. According to a report by NewsOK, Sheriff Levi k could not state when Davis committed suicide because…

201203.20
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Open Records Decision Releases Video of Bartlesville Police

A Washington County judge has ruled that a hospital video held by the Bartlesville Police Department is an open record under the Oklahoma Open Records Act. Story here: Judge Orders Release of Video Footage The video shows Bartlesville police officers Sonya Worthington, Stacy Neafus, Carey Duninphin and Josh Patzkowski in a room with a handcuffed…

201203.10
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Insurance Companies Push to Deny Recovery to Fault-Free Passangers

A recent car crash involving a Hulbert family could leave some without means of a full recovery.  On March 7, 2012, members of the Whisenhunt family were involved in two-car collision near Tahlequah.  Muskogee’s Air Evac and Tulsa Lifeflight were called to transport the injured parties to a Tulsa hospital.  According to a story published…

201203.09
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Muskogee Fire Chief Suspended

The City of Muskogee has suspended its Fire Chief for refusing to hire an applicant because the applicant is part of the National Guard. The City allowed Chief Derek Tatum to serve the suspension in three one week increments. His actions may have exposed the City of Muskogee to liability under federal law. Story from…

201203.06
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Take Time Off to Vote

Oklahoma is holding its primary elections today for the Presidential election and, under Oklahoma law, your employer must give you time off to exercise that right (although you must give one day’s notice of your intent to vote): Title 26 § 7-101—Employee may have up to two hours, or more if employee lives far away…