Legal Opinion · Dissent

Tibbetts v. Sight 'N Sound Appliance Centers, Inc.

Supreme Court of Oklahoma

Decided September 16, 2003No. 96,079Published

1Dissent

OPALA, V.C.J.,

dissenting in part.

T1 The court reverses today the trial court's counsel-fee award to the plaintiffs and expressly overrules the statutory-law norm announced for this litigation in the earlier appeal of this cause (Tibbetts I).1 The overruled norm, which initially received a green light by this court's previous denial of cer-tiorari, upheld the unharmed plaintiff's right to press a private claim for the Oklahoma Consumer Protection Act's [Act] 2 violation and to receive a counsel-fee award as an additional element of their recovery. By today's opinion the counsel fee is now…

2Cases cited69 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Mapp v. OhioSupreme Court of the United States · 1961
  4. Allen v. McCurrySupreme Court of the United States · 1980
  5. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979

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