Brion, Joseph E.

Jon E. Brightmire focuses his practice on civil litigation, both at the trial and appellate level in state and federal courts.  Jon's achievements have earned him inclusion in the following publications:

• The Best Lawyers in America in the areas of Appellate Practice, Commercial Litigation, Litigation - ERISA, and Litigation - Labor & Employment;
• Super Lawyers in the areas of Appellate Practice, General Litigation, and Employment Litigation Defense;
• Chambers & Partners USA in the area of Labor & Employment Law.

Jon has handled a wide variety of litigation matters at the trial court level involving contract disputes, insurance coverage issues, employment issues, civil rights, products liability, breach of warranty, 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 the Oklahoma Supreme Court, and has briefed and argued cases in the Fifth, Seventh, and Tenth Circuit Courts of Appeals involving, among other topics, antitrust, labor and employment, civil rights, products liability, telecommunications, trademarks, ERISA, tax, First Amendment, defamation, privacy, Indian Law, and family law issues. In 2011 alone Jon secured reversals in three cases for the firm's clients - one from the Seventh Circuit involving trademark and sovereign immunity issues, one from the Oklahoma Court of Civil Appeals reversing an order certifying a class, and another from the Oklahoma Court of Civil Appeals reversing the trial court's grant of a new trial and reinstating a jury verdict for the defendants.  A few of the appellate decisions in which he has been lead appellate counsel include:  

• 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., 2011 WL 2550456 (10th Cir. June 28, 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., 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, 76 USLW 3001, 2007 WL 1833512 (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) 

Jon has also prepared and filed 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 has been 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. 

Jon received his Bachelor of Science degree in Political Science from Oklahoma State University in 1982, graduating with honors, and his law degree from the University of Texas in 1985, also graduating with honors. He is admitted to practice before the United States Supreme Court, the United States Courts of Appeals for the Third, Fifth, Seventh, Tenth, and Eleventh Circuits, and all Oklahoma state and federal courts. 

Jon's community involvement includes serving on the board of directors of Tulsa Court Appointed Special Advocates, a non-profit agency which represents abused and neglected children in court, where he was board President in 2003 and 2004.