No. 25-644

Albert G. Gerhart v. Charity Linch, Chairwoman, Oklahoma Republican Party

Lower Court: Oklahoma
Docketed: 2025-12-04
Status: Pending
Type: Paid
Response Waived
Tags: anti-slapp derivative-action due-process judicial-bias procedural-conflict shareholder-rights
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Whether due process was violated in a derivative action lawsuit involving shareholder rights and procedural conflicts

Question Presented (from Petition)

1. Whether the Due Process was given in the lawsuit under the 5“ and 14 Amendment. Specifically Points A, B, C, D and E. Point A. Whether Derivative Action Lawsuits Require Notice prior to dismissal as required under Oklahoma Statutes Title §12-2023.1. Derivative actions by shareholders and Federal Rule of Civil Procedure23.1. Point B Whether Determining who is Representing the Party's Interests is Required in a Law Suit. Point C. Whether a conflict between the State OCPA law and this Court's rulings and other State High Court rulings on anti SLAPP laws, is present when the a defendant's ultra vires acts in have no connection with a public issue or legal right of action. Point D. Whether there is a conflict between the lower court ruling on judicial bias or lack of same and the previous rulings of this Court's and other state high court decisions. i Point E. Whether the appeals court erred when it refused to consider Oklahoma Statutes Title 12-1032 and 1038 to extend time and manner of appeal. Question 2. Whether there is a conflict between the lower court ruling stating that contract rights and Rights of Association are unenforceable, and previous published opinions of this Court and other state high courts stating such rights are enforceable.

Docket Entries

2026-01-21
DISTRIBUTED for Conference of 2/20/2026.
2026-01-02
Waiver of right of respondent Charity Linch, Chairwoman, Oklahoma Republican Party to respond filed.
2025-08-06
Petition for a writ of certiorari filed. (Response due January 5, 2026)

Attorneys

Albert G. Gerhart
Albert Gustava Gerhart — Petitioner
Albert Gustava Gerhart — Petitioner
Charity Linch, Chairwoman, Oklahoma Republican Party
Kyle D. HincheyTitus Hillis Reynolds Love, Respondent
Kyle D. HincheyTitus Hillis Reynolds Love, Respondent