Tulsa Attorney Blog
Is the Timing of Tribal Membership Relevant to McGirt Claims?
The state's arguing, if they got the tribal membership later, then they're not an Indian at the time of the crime, the state had jurisdiction. However, there's a couple of issues with that. First off, this is a ninth circuit case, that is not precedent here in Oklahoma, because we're in the 10th circuit. And this hasn't been decided, apparently, by a higher court like the United States Supreme Court. Read more »Does My Medicare Status Impact My Personal Injury Claim?
Medicare has what's called a right to subrogation, meaning if they end up paying on your medical bills that are the result of the negligence of another person, then they can get compensated for it. Read more »Does the McGirt Precedent Apply to Misdemeanors?
The general consensus is the state lacks authority to charge Indians with crimes in Indian country regardless of whether it is a felony or a misdemeanor or a major crime or not a major crime. Read more »Should You Take Pictures After a Premises Liability Incident?
In the past, I've had clients build their case as simple as taking pictures of the scene after the accident occurred. Read more »Do You Need to Take Pictures After a Motor Vehicle Collision?
Now immediately following the crash, you're probably going to have quite a bit on your mind. First thing, you're probably going to check and make sure is everyone okay? Does anyone need immediate medical attention? Read more »Does McGirt Apply to the Kiowa-Comanche-Apache (KCA) Reservation?
The McGirt case was decided by the United States Supreme Court. It decided that the Muscogee Creek Reservation was never disestablished. Read more »Does the Type of Liquid That You Slipped on at a Store Matter?
It actually does make a pretty big difference. One client of mine had clear soap on a tile floor. Couldn't see it at all. He slipped, fell, and tore up quite a bit of stuff in his knee. Read more »Does McGirt Apply to the Choctaw Nation? Has the Choctaw Reservation Been Disestablished?
The Choctaw Nation Reservation will be found to have not been disestablished and that that territory is still reservation land. Read more »Do You Need to Get a Copy of Your Medical Records After a Personal Injury Matter?
One of the primary things that we do with our clients is coordinate with them in getting those medical records. Read more »Does McGirt Apply to the Chickasaw Nation? Was the Chickasaw Reservation Disestablished?
A lot of Northeast Oklahoma remains Indian territory where the state lacks jurisdiction to prosecute both Indians and crimes committed. Read more »When Should You Ask for an Incident Report After a Premises Liability Incident?
If you are the victim of a premises liability incident such as a slip, trip, or fall, or any incidents in which you're hurt on the property of another person, especially a business, they might have you fill out an incident report. Read more »Does McGirt Case Apply to the Citizen Potawatomi Nation in Oklahoma?
There's good reason to believe that it does. First off, it's widely believed that it will apply to each of the Five Civilized Tribes because the rule that they're going to follow is the same. Read more »Class-Action McGirt Lawsuit Dismissed (Okmulgee County: Muscogee (Creek) Reservation)
United States Supreme Court decided that the historic boundaries of the Muscogee Creek Nation were never disestablished, and because of that, states lack the authority to charge crimes against Native Americans in that original territory, which includes a good portion of Northeast Oklahoma. Read more »How Should You Document Your Experiences From a Personal Injury Matter?
Everything that you can document really helps build the foundation for your case and saves a lot of time down the road. Read more »Do You Need to Get the Other Person’s Insurance Information After a Car Wreck?
As always, if you find yourself looking for a personal injury attorney in Tulsa in which you need to seek legal help concerning your automobile accident, feel free to contact a Tulsa Automobile Accident Attorney. Read more »Does the McGirt Precedent Apply to the Ottawa Nation in Oklahoma?
So it's clear that the Ottawa Nation does have a historic reservation. It is within Ottawa County in the state of Oklahoma. Read more »Does McGirt Apply to the Seminole Nation? Has Seminole Reservation Been Disestablished?
The Seminole nation is one of the five civilized tribes. So the circumstances of that nation and its treaties are very similar to the Muskogee Creek Nation. Read more »Does the McGirt Precedent Apply Beyond the Five Civilized Tribes?
Does the McGirt precedent apply to tribes outside of the five civilized tribes? Tulsa criminal defense attorney James Wirth answers. Read more »Does the McGirt Precedent Apply to the Cherokee Nation?
The McGirt v Oklahoma decision from July 9th of 2020 decided the Muscogee Creek Nation historic tribal boundaries were never disestablished. Read more »What Should You Do if You Fall in a Store?
One of the primary things you're going to want to look out for is what was it that contributed to your incident. Read more »Is It Possible to Get Video of Your Car Wreck?
Now I will say in most cases, you're just kind of out of luck. But I have found a few instances in which clients were able to obtain video of the car wreck that was really able to help out their case. And one of the primary ways that I've had clients do this is after the wreck, they kind of looked around the scene to see if any businesses in the area may have had security cameras. Read more »New York Times Quotes Tulsa Attorney James Wirth on Tiger King Lawsuit
Wirth Law Office founder, James Wirth, was recently featured in a New York Times article discussing the legal fallout from the popular Tiger King documentary. The article highlights the civil suit filed by the US Department of Justice owners of a Wynnewood animal park. Wirth, who represents the owners at the time, argues that the government's interpretation of the Animal Welfare Act is too broad. He states, by the government's contrived standard, anyone who takes a selfie of an endangered species in a zoo is an unlawful exhibitor in violation of federal law. Read more »How Do You Increase the Value of Your Property Damage After a Car Wreck?
After your car wreck, likely the insurance company will give you an offer on your property damage, now whether that's totaled out, or whether that's damage to your vehicle. Read more »If I Take a Plea Deal on Domestic Violence Will I Automatically Be Considered an Unfit Parent in OK?
You are required to refuse visitation if there's evidence to substantiate suspected or confirmed child abuse. Read more »What Should You Do With Your Paperwork After a Car Wreck?
After a car wreck, there is an absolute mountain of paperwork that you could be receiving ranging from insurance companies, medical providers. Read more »
