Latest 2 Cases: Johnson v. CSAA General Insurance Co. (Civil Procedure), In re Marriage of Rader (Family Law)

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SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.

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Johnson v. CSAA General Insurance Co.

Citation: 2020 OK 110

Opinion Date: December 15, 2020

Judge: James E. Edmondson

Areas of Law: Civil Procedure, Contracts, Insurance Law, Real Estate & Property Law

Tokiko Johnson's real property was damaged in a storm and she filed a claim with her insurance company. Johnson also executed an assignment of her insurance claim for the purpose of repairing the property with the execution in favor of Triple Diamond Construction LLC (the construction company). An appraiser retained by the construction company determined storm damage to the property in the amount of $36,346.06. The insurer determined the amount of damage due to the storm was $21,725.36. When sued, the insurer argued the insured property owner was required to obtain written consent from the insurer prior to making the assignment. The Oklahoma Supreme Court determined an insured's post-loss assignment of a property insurance claim was an assignment of a chose in action and not an assignment of the insured's policy. Therefore, the insured's assignment was not prohibited by either the insurance policy or 36 O.S. section 3624. Judgment was reversed and the matter remanded for further proceedings. The insurer's motion to dismiss the appeal was thus denied.

In re Marriage of Rader

Citation: 2020 OK 106

Opinion Date: December 15, 2020

Judge: Kane

Areas of Law: Family Law

The issue this case presented for the Oklahoma Supreme Court's review centered on a child custody dispute between divorced parents where divorce actions were filed in two different states at different times. Petitioner-Appellant Ty Rader ("Father") appealed an Oklahoma trial court's order finding Kansas had exclusive, continuing child custody jurisdiction, and that Oklahoma did not have jurisdiction to make an initial child custody determination under Oklahoma's Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). The Oklahoma Supreme Court held that because the Kansas child custody proceeding was dismissed by the parties, it was of no effect in the present matter, and the Oklahoma judge erred in failing to determine whether or not Oklahoma had become the minor child's new home state under the UCCJEA at the commencement of this proceeding. Thus, the Court reversed the part of the trial court's order finding the Oklahoma court did not have jurisdiction over child custody, and remanded to the trial court to consider whether or not Oklahoma became the minor child's new home state, and, if so, to consider Respondent-Appellee Brenda Rader's ("Mother") forum non conveniens argument, pursuant to 43 O.S. section 551-207. If Petitioner failed to establish Oklahoma as the new home state, the trial judge was ordered to transfer the matter to Kansas, pursuant to the UCCJEA.