Litigation Case Results

Hall Estill attorneys have a proud legacy of assisting clients in a variety of legal matters. Listed below are a few examples of the favorable results we have achieved for our clients.

Litigation Case Results

After briefing and oral argument by Hall Estill shareholder Graydon Dean Luthey, Jr., the United States District Court for the District of Columbia granted the firm's motion to dismiss for the Chief of the Cherokee Nation ending an eight-year old case brought by descendants of former slaves of the Cherokee Nation called Freedmen. The Freedmen claimed that a constitutional amendment by the Cherokee Nation limiting tribal citizenship to Cherokees by blood violated the 13th Amendment of the United States Constitution abolishing slavery and the Treaty of 1866 between the United States and the Cherokee Nation, which provided to Freedmen and their descendants the rights of the native Cherokees. In a significant decision on tribal sovereignty, the district court held that under Federal Rule of Civil Procedure 19(b), the case could not proceed in the absence of the Cherokee Nation itself even though the Court of Appeals for the District of Columbia had previously allowed suit against the Chief. The Nation could not be sued because of its sovereign immunity. In so holding, the district court recognized that a subsequent suit in Tulsa by the Nation seeking construction of the Treaty of 1866 did not waive the Nation's sovereign immunity from claims by the Freedment descendants under the Treaty. The district court also grants the Nation's motion to retransfer back to the Northern District of Oklahoma its subsequent suit, which had been transferred to the District of Columbia Federal Court.
In an election of Oklahoma's largest tribe, covered by the New York Times and NPR, the incumbent Cherokee Chief turned to Hall Estill for legal representation when the Cherokee Nation Election Commission certified a recount showing him losing by 266 votes. Hall Estill litigation shareholder, Dean Luthey, in consultation with Hall Estill senior counsel, Margaret Swimmer, appealed that loss to the Cherokee Nation Supreme Court seeking another recount and a new election. During a 6-day trial before the Cherokee Nation Supreme Court, in which 11 witnesses were examined, the Court vacated the initial recount as fatally flawed, ordered the new recount requested by the Chief, subsequently invalidated the election and ultimately granted the Chief's request for a new election.
Hall Estill obtained a summary judgment in favor of its national energy company defendant ending trial court proceedings in six federal cases alleging state antitrust claims. The cases, five of which were class actions, were consolidated for pre-trial proceedings in the federal court in Las Vegas. The Court based its judgment in the six year old cases on the Federal Energy Regulatory Commision's preemption of state anti-trust laws impacting market conditions of energy companies.
On the basis of tribal sovereign immunity, we obtained dismissal of personal injury claims filed in state court against an Indian tribe and its liability insurance carrier concerning the off-reservation, commercial activities of the tribe.
Defended major motion picture studio in a case arising from popular animated movie in which plaintiff said our client constituted a misappropriation of his likeness, violated his right of publicity, infringed upon his trademark, and alleged additional claims for unfair and deceptive trade practices, unjust enrichment and conspiracy. The Oklahoma Court of Appeals, in its published opinion, affirmed summary judgment and dismissal of all claims against all the defendants.
Unanimous jury trial victory for banking client in which our client was awarded damages against the borrowers and guarantors in the amount of $1.6 million.
Two court victories obtained by attorneys for a publicly-held client, which allowed an energy client to acquire a competitor in a $1.6 billion merger.
Our attorneys prevailed on Motion for Summary Judgment on all issues - plaintiff sued for breach of contract, including bad faith breach, and libel - for four insurance clients.
Served as lead counsel for a large gaming technology client in an action for alleged violation of Oklahoma’s Deceptive Trade Practices Act, state anti-trust statutes and various common law tort claims against the client, the country’s largest manufacturer of Class II Indian Gaming Systems. The Plaintiff competitor sought injunctive relief and disgorgement of hundreds of millions of dollars of profits for deployment of our client’s gaming systems in alleged violation of federal law. Our attorneys settled the case for a small fraction of the damages claimed and for no injunctive relief, shortly before the trial judge granted partial summary judgment against our client’s competitor defendant, finding an allegedly similar gaming system in violation of federal law.
Dismissal of Title VII lawsuit for Indian Tribe client in an employment discrimination case in federal court.
Firm attorneys served as co-lead counsel in a multi-billion dollar federal securities fraud class action against our Fortune 500 energy client. After five years of litigation, at the close of discovery, summary judgment was entered in favor of our defendant clients.
Successful representation of patent owners related to floating software license technology, interactive television, trademarks and trade secrets disputes, and covenants not to compete.
Lead counsel in defense of the largest securities fraud claims case ever filed in the state of Oklahoma, involving $2 billion in claims asserted by hundreds of nationally- and internationally-based plaintiffs.
Attorneys successfully defended class action claims of class of royalty owners in Oklahoma and Kansas asserting claims for underpayment of royalties against natural gas producer by obtaining order from Court removing class representatives and class counsel and decertifying class.
Obtained an $8.7 million verdict in favor of the firm's client, an interstate gas transmission and supply company, against the City of Detroit after trial in the U.S. District for the Eastern District of Michigan.
Successfully defended antitrust charges of price fixing in the oil production and container industries.
Successful representation of several companies accused of violations of the Foreign Corrupt Practices Act.
Representation of healthcare providers in grand jury and false claims cases involving Medicare fraud.
Represented Trustee in selling 4,000 acre ranch and other related property for more than $9 million.
Represented Creditors in several of the nation’s largest bankruptcy cases.
Handled Superfund actions in Arkansas, California, Colorado, Florida, Illinois, Iowa, Michigan, New Mexico, Ohio, Texas and Washington.
Obtained the first federal district court judgment holding a transporter liable under CERCLA for selecting the disposal site for its customers.
Prevailed on Motion to Compel Discovery, as well as finding an arbitration clause lacked mutuality. Arkansas Supreme Court ruled in clients' favor, affirming the Arkansas Court of Appeals ruling and sending case to the circuit court where clients will have a jury trial.
Defended the largest asbestos contamination case to date in Oklahoma.
On behalf of one of the world's largest pharmaceutical companies, we obtained an injunction against the state from an elected state district judge in the capital city, overturning emergency rules of the state Medicaid patients; saving our client in excess of $3 million.
Negotiated a joint operating agreement for the State of Oklahoma, combining the university teaching hospitals with a large private hospital, in which both sides shared control and budgeting 50/50, while the state received $40 million cash; the first $7 million in annual income and $26 million annually for the University of Oklahoma Medical School.
Obtained a number of six-figure judgments for telecommunications clients in underground utility and facility damage cases, including a $375,000 jury verdict in federal court and the negotiation of settlements exceeding a half-million dollars.