Philip D. Hart

University of Oklahoma, B.A.; University of Oklahoma, B.A.; University of Oklahoma, B.A.; University of Oklahoma, B.A.

University of Oklahoma, LL.B.; University of Oklahoma, LL.B.; University of Oklahoma, LL.B.; University of Oklahoma, LL.B.

1960

1960, Oklahoma; U.S. District Courts for the Western and Eastern Districts of Oklahoma; U.S. Court of Appeals for the Tenth Circuit; U.S. Tax Court; U.S. Supreme Court

906654284

For more than 30 years, Phil Hart has centered his practice on oil and gas litigation and on an appellate practice that spans the spectrum of civil litigation. As indicated by some of the examples below, he has been retained in several instances exclusively as an appellate specialist. Phil's expertise and achievements have earned him continuous recognition in The Best Lawyers in America (appellate practice; energy law; natural resources law; oil and gas law) since its inaugural edition in 1989. In fact, he was one of only eight lawyers in Oklahoma to be initially named to the publication's Mineral and Environmental Law section. Subjects considered in papers that Phil has prepared and presented at oil and gas seminars include implied covenants, practice before the Oklahoma Corporation Commission, well participation, and the nature and extent of an operator's duties to non-operators. Law review publications include book reviews and an article considering the nature and extent of non-operator parties' liability to third-party creditors. Most recently, in October 2010, he presented a paper at the Kuntz Conference on Natural Resources and Policy, entitled: "The Red River Divide: Fundamental Differences between Oklahoma and Texas Oil and Gas Law." In recognition of his contribution to natural resources law and policy, in 2000 Phil received the Eugene Kuntz Award presented by the University of Oklahoma College of Law. Representative Experience CURRENTLY PENDING &smbull; Petitioned Oklahoma Supreme Court for writ of certiorari regarding failure of Court of Civil Appeals to address matters preserved and briefed in condemnation dispute between manufacturing concern and Oklahoma Department of Transportation. (June 21, 2012) RECENT MATTERS &smbull; Regarding what was apparently a matter of first impression, obtained upon reconsideration order of Oklahoma Supreme Court allowing recovery of appeal-related attorney fees as prevailing party based on offer made pursuant to offer of judgment statute. (March 12, 2012) &smbull; Obtained Oklahoma Supreme Court reversal of Court of Appeals decision affirming trial court's summary judgment in $1 million dispute as to whether instrument assigned all oil and gas lease rights or borehole only rights. (March 8, 2011) &smbull; Retained as appellate counsel for defendant company's principals in a case tried by another firm, in obtaining affirmance of trial court's rejection of plaintiffs' attempt to pierce the corporate veil. (August 23, 2010) &smbull; Principal author of all motions and briefs upon firm's entry into a case at the post-trial motion stage in a distributorship termination dispute in which the firm was successful in obtaining a judgment notwithstanding verdict that was upheld on appeal, overturning jury's award of $700,000 on distributor's tort claim and claim for punitive damages. (August 31, 2009) EARLIER MATTERS &smbull; Obtained an Oklahoma Supreme Court decision rejecting the Oklahoma Tax Commission's narrowly drawn regulations as to the scope of the "manufacturer's exemption" from sales taxes. &smbull; Obtained affirmance of hospital board's revocation of physician's hospital privileges, vindicating board discretion and adherence to its procedural rules. &smbull; Obtained affirmance of trial court's determination of sum to be paid in exercise of option to purchase building constructed by defendant and leased to plaintiff. &smbull; Assisted in obtaining a highly favorable settlement for the defendant assisted living facility in wrongful death action, following entry into the case at the post-trial stage. &smbull; Won reversal of a $4.7 million judgment in an oil and gas joint operating agreement preferential right of purchase dispute by showing that the trial court had failed to properly instruct the jury. &smbull; Lead attorney i