Samuel J. Merchant

Associate

Bio Menu
  • Overview
  • Experience
  • Honors & Involvement
Bio overview

Samuel Merchant is a trial lawyer whose practice focuses on business and commercial litigation before state and federal courts, arbitrations and administrative proceedings. His business litigation experience includes complex banking litigation and consulting, shareholder disputes and derivative actions, Federal and Oklahoma Governmental Tort Claims Act lawsuits, bankruptcy and creditor’s rights, premises liability defense, construction litigation, and multiparty litigation across the country.

Samuel’s insurance litigation experience includes defending against claims for bad faith, breach of contract, violations of the Oklahoma Consumer Protection Act, fraud, and negligence, as well as coverage disputes arising under life, credit disability, and property insurance policies.

In addition to his private practice, Samuel serves as an appointed member of the Oklahoma City Board of Adjustment.

Samuel earned his Juris Doctor from the University of Oklahoma College of Law in 2016 and his bachelor’s degree from the University of Central Oklahoma in 2013. While in law school, he served as president of the Student Bar Association, assistant managing editor of the Oklahoma Law Review, president of Healthy Sooner Lawyers, and vice president of the OU Law Chapter of the Federal Bar Association. He was also a member of the Phi Delta Phi honor society and the recipient of numerous awards and scholarships. While pursuing his law degree, Samuel worked as a judicial intern for The Honorable Robert E. Bacharach of the U.S. Court of Appeals for the Tenth Circuit.

He is the author of “Merchant Restraints: Credit-Card Transaction Surcharging and Interchange-Fee Regulation in the Wake of Landmark Industry Changes,” which received the “Best Comment Award” by the Oklahoma Law Review and has been cited in briefs submitted to the United States Supreme Court.

Prior to pursuing his undergraduate degree, Samuel owned and operated his own retail nutrition stores and then worked as a market developer for a multimillion-dollar sports nutrition company.

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Experience, Honors, & Awards
  • Obtained voluntary dismissal of claims of bad faith and breach of contract against insurer in federal court.
  • Obtained dismissals of claims of bad faith and breach of contract against national insurers in state and federal courts.
  • Defended automaker against premises liability wrongful-death claims in two-week jury trial where plaintiff sought tens of millions in damages.
  • Defended bank and its subsidiaries in multi-party, multi-district litigation in state and federal court against negligence, conspiracy, corporate-veil piercing/alter ego, and unjust enrichment claims related to warehouse mortgage lending where plaintiff sought tens of millions in damages.
  • Obtained multiple dismissals of claims by creditors in adversary bankruptcy proceedings and probate proceedings.
  • Obtained multiple dismissals of claims under Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Telephone Consume Protection Act (TCPA).
  • Obtained summary judgement and default judgment in multiple foreclosure and commercial F.E.D./eviction actions enforcing creditors’ rights.
  • Obtained successful verdict in interpleader case after bench trial, and several summary dispositions in state and federal interpleader cases, including awards of attorney’s fees and costs, affirmed on appeal.
  • Obtained summary judgment in multiple premises liability, products liability, negligence, breach of contract, and fraud cases.

Professional Organizations and Memberships

  • Oklahoma Bar Association
  • Federal Bar Association, Oklahoma City Chapter (Board of Directors; Vice President of Communications; Chair, Young Lawyers Division)
  • Luther Bohanon American Inn of Court
  • International Legal Honor Society of Phi Delta Phi

Civic Involvement and Leadership

  • Oklahoma City Board of Adjustment (Appointed Member)
  • University of Oklahoma College of Law Young Alumni Board
  • University of Oklahoma College of Law Center for International Business and Human Rights (Advisory Council)
  • United Way Emerging Leader

Attorney Articles

Articles

U.S. Bankruptcy Court

Most states may surcharge transactions

The Journal Record |

Merchant Restraints: Credit-Card Transaction Surcharging and Interchange-Fee Regulation in the Wake of Landmark Industry Changes

Oklahoma Law Review |
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Admissions

  • Oklahoma, 2016
  • U.S. District Courts for the Western, Northern and Eastern Districts of Oklahoma
  • U.S. District Court for the Northern District of Texas
  • U.S. Court of Appeals for the Tenth Circuit
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Education

  • J.D., with honors, University of Oklahoma, 2016
    • President, Student Bar Association; Assistant Managing Editor, Oklahoma Law Review; President, Healthy Sooner Lawyers; Vice President, OU Law Chapter of the Federal Bar Association; Phi Delta Phi; Recipient, Joel Jankowsky Award, Gene H. & Jo Anne Sharp Law Review Award, OU Law Public Service Award, Student Bar Association Prize, and American Jurisprudence Award
  • B.A. (Philosophy), University of Central Oklahoma, 2013
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