Legal Opinion
Smith v. State ex rel. Department of Human Services
Supreme Court of Oklahoma
Decided March 6, 1990No. 66560PublishedCited by 11 opinions
1Opinion of the Court
SIMMS, Justice:
The single issue to be decided is whether a district court, on appeal of a decision by an Administrative Agency in an individual proceeding, correctly entered an award of attorney fees against that agency based upon a finding that the agency acted unconscionably in defending the action, based upon the Oklahoma exception to the American Rule as stated in City National Bank and Trust Company v. Owens, Okl., 565 P.2d 4 (1977). The following summarized facts are not disputed.
Appellee, Ray Smith, was employed by the Department of Human Services at the Helena State School for Boys as…
2Cases cited4 opinions
- City National Bank & Trust Co. of Oklahoma City v. OwensSupreme Court of Oklahoma · 1977
- Webb v. DAYTON TIRE & RUBBER CO. ETC.Supreme Court of Oklahoma · 1985
- Keel v. CoveySupreme Court of Oklahoma · 1952
- Todoroff v. BurtonSupreme Court of Oklahoma · 1985
3Cited by11 opinions
- Barnes v. Oklahoma Farm Bureau Mutual Insurance Co.Supreme Court of Oklahoma · 2001
- State Ex Rel. Tal v. City of Oklahoma CitySupreme Court of Oklahoma · 2002
- Wallace v. Halliburton Co.Supreme Court of Oklahoma · 1993
- State Ex Rel. State Insurance Fund v. JOA, Inc.Supreme Court of Oklahoma · 2003
- Bond v. Fox Building SupplySupreme Court of Oklahoma · 1992
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