Summary Judgment Win on Behalf of a University

GableGotwals obtained summary judgment for a University in the District Court of Oklahoma County, State of Oklahoma. The University was sued for terminating a service contract with a vendor. The University counter-claimed for declaratory relief on grounds that it properly terminated the contract. District Judge Don Andrews held the vendor was in material breach of the parties’ service contract and the University’s termination was justified under the contract’s terms. Further, the Court held that the University did not tortiously interfere with the vendor and that the vendor was not entitled to an equitable accounting.

On claim challenging validity of lease and seeking recovery of over $2 million in oil and gas proceeds, and successfully defended summary judgment on appeal.

Ordering conveyance of overriding royalty on several thousand valuable mineral acres under disputed contract terms, and successfully defended judgment on appeal to Tenth Circuit Court of Appeals.

Represented tobacco companies in obtaining a favorable opinion from Oklahoma Supreme Court that a “fee” on the purchase of tobacco passed by the legislature to raise $215 million was actually a tax and subject to constitutional provisions governing revenue bills.

Represented class of landowners and municipalities in action against state entity for mass-flooding, obtaining class certification and liability judgment following trial. Case settled in excess of $10 million.

Represented disability insurance company before the Tenth Circuit Court of Appeals and obtained favorable judgment for client regarding whether the insured was entitled to disability benefits due to alleged back pain, fibromyalgia and depression.

After obtaining a $22.65 million judgment for the Firm’s client for a counterparty’s breach of a major gas asset purchase agreement, also obtained an award of interest and attorneys’ fees ultimately resulting in the client recovering nearly $30 million.

Obtained the first denial of a class certification motion on behalf of royalty owners in federal district court in Oklahoma City in almost 13 years. Subsequent decisions in the district followed suit.

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