1. Brandon S. Nichols, P.C.
Attorney and Counsel at Law
2516 Northwest Expressway
Oklahoma City, Oklahoma 73112
Tel.:(405) 476.7512
E-mail:brandonscottnichols@gmail.com
Education:
Graduate of Edmond Memorial High School, Edmond, Oklahoma -1994
Southwest Missouri State University Springfield, Missouri - 1994-95
Member of the varsity football team
Northeastern State University Tahlequah, Oklahoma 1995-98
Member of the varsity football team
Graduated with a major in English Literature and minor in Economics
Oklahoma City University Law School 1998-2000
Graduated early with a Juris Doctorate in December 2000
Passed the Oklahoma Bar Examination in February of 2001
Employment History:
Worked for Bayard Drilling in the summers during college
Worked for Cactus Drilling the summer before attending law school
Law clerk and Licensed Legal Intern for Looney, Nichols & Johnson, P.L.L.C. -
1998-2001
Joined Looney, Nichols & Johnson, P.L.L.C. as an associate in 2001
Became the youngest partner in firm history and the managing partner of Looney,
Nichols & Johnson, P.L.L.C. in 2003
Founded Brandon S. Nichols, P.C. in 2010 - present
Court Admissions:
Licensed to practice before the Oklahoma Supreme Court and all 77 counties
located within the state of Oklahoma
The United States District Court For The Western District of Oklahoma
The United States District Court For The Eastern District of Oklahoma
2. The United States District Court For The Northern District of Oklahoma
The Tenth Circuit Court of Appeals
The Chickasaw TribalCourt
Areas of Practice:
Insurance coverage, coverage exclusions, more specifically the issue of contractual
indemnity regardless of fault contained in Master Service Agreements, oilfield down hole loss,
refined fuel (i.e. diesel and saltwater) pollution, unrefined pollution (H2S and crude), fresh
water/ground water pollution, surface damage, lease disputes, defective or “new” v. “used” pipe
matters, defective products, oilfield injuries, saltwater disposal well matters, commercial
saltwater disposal facilities and the theory of “cradle to grave liability”, superfund sites,
indemnification, construction contract disputes, construction defects, construction injuries,
insurance bad faith, premises liability, personal injury, medical device and product defense,
general litigation and real estate title disputes to name a few.
Memberships:
Member of the Oklahoma Bar Association
Member of the Oklahoma Bar Association Environmental Law Section
Member of the Oklahoma County Bar Association
Guest speaker at numerous seminars for OBA CLE conferences
Past member of the Oklahoma Bar Association Fee Grievance and Ethics Committee
Past member of the Defense Research Institute
Honors:
Oklahoma Magazine Top Attorneys Outstanding Young Lawyers – Product Liability
2012
National Academy of Personal Injury Attorneys Top 10 Ranking – 2013
Named in Super Lawyers Magazine as a Super Lawyer in Products Liability Defense –
2013
Recently nominated as top 10 trial attorney under Forty in Oklahoma for products
liability – 2014
Trial and Appellate Experience:
3. I have tried to verdict approximately 20 trials to either the bench or jury as lead trial
counsel. I have tried jury trials in all three (3) Federal District Courts in Oklahoma. (A list will
be provided upon request).
I have handled in excess of twenty-five (25) appeals in the Court of Civil Appeals,
Oklahoma Supreme Court and the Tenth Circuit. (A list of reported cases will be provided upon
request).
Notable Cases:
Ellison v. FPC, et. al. (Canadian County). The Plaintiff in this case filed suit against
FPC, a commercial saltwater disposal facility. FPC was insolvent and the Plaintiff attempted to
establish a duty on behalf of every operator, driller and transporter of the liquids disposed at the
facility. The trial court sustained a summary judgment in favor of my clients which was later
affirmed by the Oklahoma Supreme Court.
Extended Stay America v. Dryvit, et. al. (Tulsa County). In this case ESA, a national
extended stay hotel chain, filed suit against numerous product manufacturers, trades and
contractors alleging mold damage due to my client’s defective product. Litigation was filed in
approximately 43 other jurisdictions. As a result, the case became a multi-district case with
Tulsa County District Court having jurisdiction. The trial court sustained a Motion for Summary
Judgment on behalf of my client which resulted in dismissals of all other national litigation.
Numerous cases against insurance companies related to the contractual liability exclusion
in the policy, Master Service Agreements and representations made by the agent during the sale
of the policy.
A case involving a pipeline strike of crude oil in Osage County and the policy limit of
pollution coverage vs. property damage.1
My Current Practice:
My current practice focuses of products liability issues, construction and oilfield injuries,
product recalls, pollution and environmental concerns and insurance coverage issues relating to a
variety of areas, including the oil and gas industry, and the calculation of royalty payments to
landowners, and product liability, product safety, retailer liability and indemnity,as well as the
areas identified above.
Representative Clients:
Due to client confidentiality, a list will be provided upon a confidentiality agreement.
Notwithstanding, an example of former clients are AIG (now Chartis), Travelers Insurance
Company, Bituminous Insurance Company and various oil and gas servicing companies, as well
as, police departments and school boards and medical device companies in Oklahoma and
throughout the Midwest
1
Specific case numbers and details will be provided upon request.