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Date: 06-14-2022
Case Style:
Jayen Patel, M.D. v. tulsa Pain Consultants, Inc., et al.
Case Number: 2022OK56
Judge:
Court: Supreme Court of Oklahoma on cert from the Court of Civil Appeals on appeal from the District Court, Tulsa County
Plaintiff's Attorney:
Defendant's Attorney: See above.
Description: Tulsa, Oklahoma civil litigation lawyers represented the parties in a wrongful termination case.
Plaintiff/Appellant Jayen Patel, M.D. brought a tort claim for wrongful termination against Defendant/Appellee Tulsa Pain Consultants, Inc. (TPC). The trial court found Patel was not an at-will employee and entered a directed verdict in favor of TPC. Patel appealed, and Division I of the Court of Civil Appeals affirmed. TPC filed a motion for appeal-related attorney fees, which the Court of Civil Appeals denied. We granted certiorari to determine whether TPC has a contractual right to recover attorney fees as the prevailing party in Patel's wrongful termination claim.
Numerous times this Court has reiterated that "parties may agree by contract to pay for litigation expenses." Whitehorse v. Johnson, 2007 OK 11, ¶ 17, 156 P.3d 41, 48. This is, however, the Court's first occasion to opine as to whether parties may agree by contract to pay for litigation expenses related to a tort claim. We hold they may, but only if the contract language is carefully crafted to provide for such an award.
Outcome: We hold that the specific language in the parties' employment agreement authorizes attorney fees in this case.
Plaintiff's Experts:
Defendant's Experts:
Comments: