USA – OKLAHOMA Trends and Developments Contributed by: David Elder, Erin O’Roke Oakley, Michael Whaley and Austin Dodd, Hartzog Conger Cason
the strengths and weaknesses of Oklahoma’s district courts when stipulating the choice of law, negotiat- ing or deciding whether to enforce forum-selection or arbitration clauses, deciding whether to remove a case to federal court, and formulating case strategy. When it comes to strategy, counsel should be aware that tactics that work well in federal court may be ill- suited in state court (and vice versa). By way of exam- ple, motions to dismiss in Oklahoma’s district courts often have lower rates of success than in federal court but are also resolved more quickly – even with the more crowded dockets in state court. Counsel should also take into consideration judicial resources in deciding whether to file particular motions and in drafting briefs.
Experienced counsel familiar with local practice can offer sound advice on these and other related matters. Businesses and counsel would also be well-advised to keep tabs on legislative efforts to cure the consti- tutional defects that prevented SB 632 from taking effect. While the exact contours of a future business court are unknown, change is on the horizon.
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