Jason McVicker

Jason McVicker’s civil litigation practice focuses on complex commercial litigation, insurance disputes, and products liability defense in both state and federal courts. He has represented doctors and restaurants accused of regulatory violations before state agencies, prosecuted and defended insurance bad faith cases, and litigated an array of personal injury cases. He has also successfully challenged and defended municipal regulations in multiple forums, including before the Oklahoma Supreme Court. He has first and second-chaired both jury and non-jury trials

Jason is active in the Tulsa community, and serves on the University of Tulsa College of Law Alumni Board. He regularly volunteers his time with the University of Tulsa’s moot court program, and has taught Trial Practice at the law school. Jason’s achievements have earned him inclusion in Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s top up-and-coming attorneys. Prior to joining Baum Glass Jayne Carwile & Peters, Jason was a shareholder at another Oklahoma litigation firm.

Representative Experience

  • Obtained dismissal of federal suit against the City of Guthrie, Oklahoma, alleging the municipality’s COVID-19 ordinance violated constitutional rights and state law.
  • While serving as first chair, obtained verdict in two-day jury trial in Tulsa County, Oklahoma, in favor of plaintiff landlord in hotly contested real estate dispute.
  • Successfully argued Tigges v. Andrews, 2017 OK 9, 390 P.3d 251, in which the Supreme Court clarified the standards governing disqualification of trial judges.
  • Obtained summary judgment on tortious interference and defamation case filed by medical sales representative against local hospital system.
  • Obtained dismissal of multiple contribution and indemnity claims for manufacturers using Oklahoma’s innocent-seller statute and product indemnity statute.
  • Represent OEMs in array of warranty and subrogation claims.
  • Secured $800,000 discovery sanction against opposing party in complex business dispute litigation.
  • Obtained dismissal of putative bilateral class action brought against energy producers by surface owners in Osage County, OK, that sought to invalidate all oil and gas leases by claiming the federal government failed to comply with National Environmental Policy Act (NEPA) mandates when approving such leases. Judgment affirmed on appeal to the Tenth Circuit.
  • Obtained summary judgment in accounting malpractice case using cutting-edge Oklahoma tort reform.
  • Obtained summary judgment in uninsured motorist case on behalf of the insurer in a complex multi-state case.
  • Successfully defended microwave oven distributor and retailer in a wrongful death case premised on product liability.
  • Successfully defended an appeal of summary judgment in favor of construction company based on Oklahoma’s statute of repose.
  • Deposed fact witnesses and experts in a variety of tort cases.
  • Successfully prosecuted and defended Writs of Mandamus and Prohibition in the Supreme Court of Oklahoma.
  • Secured temporary restraining order and injunction restoring client’s access to his company when a rival business partner locked him out.
  • Briefed every stage of a case involving an allegedly defective carnival ride, including motions in limine and jury instructions, ultimately obtaining a favorable settlement.
  • Prepared depositions and motions for summary judgment in numerous lawsuits alleging bad faith against insurance companies.
  • Drafted successful Daubert motion excluding plaintiff’s expert witness in an insurance bad faith suit.
  • Litigated all types of discovery disputes in state and federal court.
  • Secured dismissal of tort claim against tribal chief in state court on sovereign immunity grounds.
  • Secured dismissal of regulatory compliance proceedings against restaurant, arguing that state violated client’s due process rights.
  • Represented multiple restaurants before the Oklahoma State Department of Health for alleged safety violations.
  • Successfully forced transfer of civil lawsuits, including professional liability claims and trucking accidents, to more favorable venues.
  • Represented automobile and medical device manufacturers in every stage of litigation, from pleadings through trial.
  • Provided legal research and writing in all phases of defending complex litigation including answers, motions to dismiss, motions to bifurcate, motions to quash, motions to compel, motions for summary judgment, motions in limine, Daubert motions, bench briefs, jury instructions, and verdict forms.

Honors and Awards

  • Oklahoma Super Lawyers’ “Oklahoma Rising Star”
  • Oklahoma Magazine’s 40 Under 40

Education

  • J.D. with highest honors, University of Tulsa College of Law, 2012
    • Editor in Chief of the Tulsa Law Review
    • Order of the Curule Chair
    • Director of the Board of Advocates
    • Judge W. Lee Johnson Award
    • 5 CALI Awards
  • B.A., University of Tulsa, 2008
    • Phi Beta Kappa

Publications

  • Better Living With Citations, Oklahoma Bar Journal, February 14, 2015
  • OAPA Appeals: Administering Success, Oklahoma Bar Journal. October 12, 2013