The “default” rule on retroactive application of statutes is that statutes apply prospectively only. If the statue creates, enlarges or diminishes vested or contractual rights then it applies prospectively absent clear legislative intent. Statutes that are merely procedural can be applied retroactively and can apply to pending actions or procedures. Article 5 section 54 of […]
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“Whatever Happened to Our Old Friend Joint and Several?” I get that question every once in a while, so let’s address it. Many years ago (before the Legislature intervened), Oklahoma common law followed the rule of “joint and several liability,” which the courts sometimes called the “entire liability rule.” Under that rule, when a plaintiff
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By Dave Roberts About the author: At the time of his death, Dave had tried over 100 civil cases in 21 various Oklahoma State District Courts. He also tried over 25 civil cases in various Federal District Courts, and tried thousands of cases at the Oklahoma Workers’ Compensation Court. Dave was past chairman of the
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How to Check for Liens for Your Client in Oklahoma, Cleveland, and Canadian Counties Staying up-to-date on your client’s liens and subrogation claims is critical as you move toward resolving their case. Use this guide to check for new and updated medical liens in your client’s name. See Rex Travis’ Malpractice Avoidance CLE materials for
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Get Immediate Help. If you need help getting up or getting emergency care, ask for it. Depending on the severity of your injury, you may need to call an emergency contact, a store employee, the police, or paramedics to help you. Tell the Proprietor You Fell While on the Property. Let whoever is in charge
After A Fall: What You Need to Know Read More »
by Paul Kouri It’s not often you go to work for a legend. Of course, I didn’t know I had at the time. I first met Rex Travis after a fire at our house. I was not a lawyer at the time, but owned a small construction business. Not quite a year after the fire,
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