Jon E. Brightmire

Partner
Tulsa, Oklahoma
D: 918.591.5258
C: 918.693.9755
F: 918.925.5258
Williams Center Tower II
Two West Second Street, Suite 700
Tulsa, OK 74103-3117
Jon E. Brightmire

Jon E. Brightmire focuses his practice on civil litigation, both at the trial and appellate level in state and federal courts, and Indian law. His achievements have earned him recognition by Best Lawyers®, which named him the 2014 Tulsa Appellate Practice "Lawyer of the Year," as well as Super Lawyers.

Jon has handled a wide variety of litigation matters at the trial court level involving contract disputes, insurance coverage issues, employment issues, creditor’s rights, civil rights, products liability, commercial fraud, ERISA, telecommunications, Indian Law, and zoning appeals.  

Jon's appellate experience is extensive, as he has been involved in over 175 appeals in his career. In the past few years alone he has briefed cases in the United States Supreme Court, and has briefed and presented oral argument in cases in the Oklahoma Supreme Court, the Oklahoma Court of Civil Appeals, and the Fifth, Seventh, and Tenth Circuit Courts of Appeals involving a wide range of topics, including antitrust, labor and employment, civil rights, products liability, telecommunications, trademarks, ERISA, tax, First Amendment, defamation, privacy, Indian Law, and family law issues.

Jon has recently secured reversals from the Seventh Circuit in a case involving trademark and state sovereign immunity issues; from the Oklahoma Supreme Court in a case involving tribal sovereign immunity; and from the Oklahoma Court of Civil Appeals in a case involving tribal sovereign immunity, from an order certifying a class, and from an order granting a new trial and reinstating a jury verdict.  

Jon also prepares and files amicus curiae briefs on behalf of clients who are not parties to the appeal, but who will be affected by the Court's resolution of the issues before it.  In addition, he is retained by clients to monitor trial and pre-trial proceedings and work with trial counsel to shape legal strategy and properly preserve the record for appeal.

Representative Experience

  • Sheffer v. Buffalo Run Casino, PTE, Inc., 2013 OK 77, 315 P.3d 359 (tribal sovereign immunity)
  • First Bank and Trust v. Maynahonah, 2013 OK CIV APP 101, 313 P.3d 1044 (tribal sovereign immunity)
  • E.E.O.C. v. Abercrombie & Fitch Stores, Inc., 731 F.3d 1106 (10th Cir. 2013)(employment discrimination)
  • Mullendore v. Mullendore, 2012 OK CIV APP 100, 288 P.3d 948 (family law)
  • Apache Tribe of Oklahoma v. Graves, 2012 OK CIV APP 70, 280 P.2d 978 (breach of fiduciary duty, conversion, malpractice)
  • Mickle v. Wellman Products, LLC, 2011 OK 95, 265 P.3d 754 (class certification, costs on appeal)
  • Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc., 653 F.3d 448 (7th Cir. 2011) (trademarks, sovereign immunity)
  • Brown v. Hartford Life Ins. Co., 428 Fed.Appx. 817, 2011 WL 2550456 (10th Cir. 2011) (ERISA)
  • Public Service Co. of Oklahoma v. Duncan Public Utilities Authority, 2011 OK CIV APP 15, 248 P.3d 400 (public utility regulation)
  • Gardner v. Sears Holding Corp., 398 Fed.Appx. 420,  2010 WL 4027814 (10th Cir. 2010) (employment issues)
  • Stewart v. NYT Broadcast Holdings, L.L.C., 2010 OK CIV APP 89, 240 P.3d 722 (defamation, invasion of privacy)
  • Lester v. Kmart Corp., 387 Fed. Appx. 879, 2010 WL 2825725 (10th Cir. 2010) (employment issues)
  • In Re Wallace Revocable Trust, 2009 OK 16, 204 P.3d 80 (trust & estates)
  • In Re Marriage of Sandel, 2009 OK CIV APP 7, 217 P.3d 141 (family law)
  • Weber v. GE Group Life Assur. Co., 541 F.3d 1002 (10th Cir. 2008) (ERISA)
  • Brown v. Hartford Life Ins. Co., 301 Fed. Appx. 772, 2008 WL 5102279 (10th Cir. 2008) (ERISA)
  • Showler v. Harper's Magazine Foundation, 222 Fed. Appx. 755, 2007 WL 867188 (10th Cir. 2007), cert. denied, 552 U.S. 825 (2007) (First Amendment, invasion of privacy, and other tort issues)
  • Cameron v. American Electric Power Service Corp., 240 Fed. Appx. 297, 2007 WL 2575513 (10th Cir. 2007) (ERISA)
  • Green Country Food Market, Inc. v. Bottling Group, L.L.C., 371 F.3d 1275 (10th Cir. 2004) (antitrust issues)
  • U.S. Cellular v. City of Broken Arrow, 340 F.3d 1122 (10th Cir. 2003) (telecommunications)
  • Belcher v. City of McAlester, Oklahoma, 324 F.3d 1203 (10th Cir. 2003) (First Amendment)
  • McBride v. Citgo Petroleum Corp., 281 F.3d 1099 (10th Cir. 2002) (employment issues)
  • Trustees of the Charles Page Family Care Charitable Remainder Annuity Trust v. Siegel, 2001 OK CIV APP 146, 38 P.2d 919 (property issues)
  • Sigmon v. CommunityCare HMO, 234 F.3d 1121 (10th Cir. 2000) (civil rights violations)
  • Pack v. K-Mart Corp., 166 F.3d 1300 (10th Cir.), cert. denied, 528 U.S. 811 (1999) (employment issues)

Professional, Community and Pro Bono Involvement

  • Chambers USA Leading Lawyer for Business: Labor & Employment, 2010-2014
  • Listed in Best Lawyers for Appellate Law, Commercial Litigation, Labor/Employment Litigation and ERISA Litigation, 2010-2017
  • Best Lawyers "Lawyer of the Year" for Appellate Practice in Tulsa, 2014
  • AV® Preeminent™ Martindale-Hubbell Peer Review Rating
  • Listed in Super Lawyers®, 2011-2016
  • Tulsa Court Appointed Special Advocates (a non-profit agency which represents abused and neglected children in court), Board of Directors, Board President, 2003-2004

Education

  • J.D., with honors, The University of Texas School of Law
  • B.S., with honors, Political Science, Oklahoma State University

Bar & Court Admissions

  • Oklahoma, 1986
  • United States Supreme Court, 1999
  • United States Court of Appeals Third Circuit, 2009
  • United States Court of Appeals Fifth Circuit, 2003
  • United States Court of Appeals Seventh Circuit, 2002
  • United States Court of Appeals Tenth Circuit, 2000
  • United States Court of Appeals Eleventh Circuit, 2001
  • Supreme Court Oklahoma, 1986
  • United States District Court Eastern District of Oklahoma, 1997
  • United States District Court Northern District of Oklahoma, 1994
  • United States District Court Western District of Oklahoma, 1997

Related News / Publications

Press Room

Newsletters

02.01.17The Employer's Legal Resource: New Rules regarding Disability Benefit Claims and Appeals
09.01.16The Employer's Legal Resource: Federal Court Refuses to Enforce Employment Agreement Requiring Arbitration of Employment Claims because of Fee Shifting Language
05.01.16The Employer's Legal Resource: Improper Motive can Lead to First Amendment Violation, Supreme Court Holds, Despite Factual Mistakes by Supervisors
04.01.16The Employer's Legal Resource: This Case Will Make Employers Sick--Oklahoma Supreme Court Expands Public Policy Exception to At-Will Employment
01.01.16The Employer's Legal Resource: "Can you speak a little louder?" - NLRB Rules That Policies Prohibiting Workplace Recordings Are Illegal
11.01.15The Employer's Legal Resource: Strike Two: Fifth Circuit Once Again Rejects NLRB's Position and Upholds Arbitration Agreement Requiring Employees to Waive Right to Pursue Class and Clooective Actions
02.02.15The Employer's Legal Resource: The NLRB's Purple Communications' Decision Has Employers Singing the Email Blues
07.01.14The Employer's Legal Resource: Horseplay at Work was Outside the Scope of Employment, Oklahoma Court Rules
04.01.14The Employer's Legal Resource: U.S. Supreme Court to Decide Whether Time Spent In Security Screenings is Compensable Under the FSLA
08.01.13The Employer's Legal Resource: Reimbursing Employee Business Expenses Could Cost You More Than You Think
02.01.11Employment: Supreme Court Holds Fired Fiancée Has Retaliation Claim
06.01.10Employment: Supreme Court Declines to Review Decision Upholding A State's Ability to Prohibit Discretionary Clauses in ERISA Insurance Policies
09.01.09Employment: Recent Decisions Clarify Standards Courts Use When Reviewing ERISA Benefit Determinations
08.01.09Employment: DSDA's Eye On The Courts: Review of U.S. Supreme Court Decisions In 2008 Term
02.01.09Employment: The Employer's Legal Resource - February 2009 - Special Edition

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918.591.5295
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