Michael K. Avery

Shareholder

Paralegal: Ginger Schones
Bio Menu
  • Overview
  • Experience
  • Honors & Involvement
Bio overview

Michael Avery is a trial lawyer whose state and federal practice focuses on general civil litigation, including complex business litigation and appeals. During the course of his career, he has represented public and private entities, as well as individuals and non-profit organizations, in a variety of industries, including healthcare, banking, oil and gas, insurance, real estate, automotive and agriculture.

Michael’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 McAfee & Taft, Michael served as a law clerk to the Honorable Mary Beck Briscoe, chief judge of the U.S. Court of Appeals for the Tenth Circuit.

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Experience, Honors, & Awards

Representative Experience

  • Obtained $978,425.75 judgment following jury verdict on behalf of a real estate development company that sought just compensation in a condemnation case involving the taking of property by the Oklahoma Department of Transportation for the purpose of reworking the interchange of two interstate highways. The jury award exceeded the court-appointed commissioners’ award by 137%.
  • Following a bench trial in the U.S. District Court for the Western District of Oklahoma, obtained judgment on all claims relating to liabilities associated with corporate income taxes (including breach of contract and declaratory judgment) and an award of nearly $1 million in favor of clients who had sold their ownership interests in an oilfield services business to an international leader and competitor in the field.
  • Following a bench trial in the Oklahoma County Court, obtained judgment and full damages sought on plaintiff’s claims for breach of contract, as well as judgment against defendant’s counterclaim for negligence, in a lawsuit filed by a crane operator for work performed on wind farm turbines in west Texas.
  • Obtained summary judgment on behalf of Oklahoma Youth Exposition, Inc. in a qui tam action alleging that payments made to the nonprofit corporation by a state agency for the express purpose of hosting an annual statewide youth stock show violated provisions of the Oklahoma Constitution. Judgment affirmed on appeal.
  • Obtained summary judgment on behalf of Western Famers Electric Cooperative in breach of contract action related to rights to hydroelectric power generated by the federal government for which the plaintiff sought in excess of $80 million in damages. Judgment affirmed by the U.S. Court of Appeals for the Tenth Circuit.
  • Obtained reversal of adverse jury verdict of $700,000 in actual and punitive damages on post-trial motion for judgment as a matter of law on behalf of a major insurance company accused of bad faith in handling an uninsured motorist claim. Decision affirmed by the U.S. Court of Appeals for the Tenth Circuit.
  • Successful representation of physician surgical group in qui tam action by obtaining summary judgment on more than 2200 allegedly false claims involving multiple alleged schemes to defraud Medicare.
  • Represented Oklahoma mental health counseling service company in case in which the federal and state government alleged client had submitted in excess of $1 million worth of false claims.
  • Successful representation of several physicians in regulatory matters initiated by the Oklahoma Board of Medical Licensure.
  • Successfully settled putative nationwide consumer class action for online retailer.

Honors and Awards

  • Named to Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s top up-and-coming attorneys

Professional Organizations and Memberships

  • Oklahoma County Bar Association Oklahoma Bar Association

Attorney Articles

Articles

The (stock) show must go on

McAfee & Taft AgLINC |

Are you a coemployer with the government?

Oklahoma Employment Law Letter |

Doing background checks correctly

Oklahoma Employment Law Letter |

Whose Rights? Why States Should Set the Parameters for Federal Honest Services Mail and Wire Fraud Prosecutions

49 Boston College Law Review 1431 |

Oklahoma’s Statutory Constitution

The Constitutionalism of American States (George E. Connor and Christopher W. Hammons, eds.) |

Oklahoma’s Statutory Constitution

13 Oklahoma Politics 47 |
ATPs display in this column

At The Podium

Staying Out of the Fire: Tips on how to manage costs and risks associated with consumer auto finance litigation

2017 Oklahoma Bankers Association Annual Convention & Trade Show
Norman, OK | May 23, 2017

Attorney-Client Privilege in Internal Investigations

Oklahoma Chapter of the Association of Corporate Counsel Spring 2017 CLE
Tulsa, OK | March 30, 2017

Attorney-Client Privilege in Internal Investigations

Oklahoma Chapter of the Association of Corporate Counsel Spring 2017 CLE
Oklahoma City, OK | March 29, 2017

Confidentiality of Information and Preserving Attorney-Client Privilege

2015 Corporate Counsel Seminar
Oklahoma City, Oklahoma | December 3, 2015
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Industry Groups

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Admissions

  • Oklahoma, 2009
  • U.S. District Court for the Western and Northern Districts of Oklahoma
  • U.S. Court of Appeals for the Tenth Circuit
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Education

  • J.D., magna cum laude, Boston College, 2009
    • Articles Editor, Boston College Law Review; Order of the Coif
  • B.A., summa cum laude, University of Oklahoma, 2003
    • Phi Beta Kappa
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