William H. Spitler (918) 430-3704 | Fax: (918) 430-3770 | wspitler@mmmsk.com | vCard

William H. Spitler is a trial lawyer who has tried and litigated cases in several areas of law, including construction, labor and employment, oil and gas, class action defense, sales and leasing disputes, antitrust defense, commercial contract disputes, fraud and breach of fiduciary duty. Mr. Spitler’s diverse and active litigation practice has provided him the opportunity to present cases before numerous state and federal court judges and appeal panels across the county. Mr. Spitler’s practice regularly involves representing construction clients in arbitration. Mr. Spitler has also published several articles regarding Oklahoma employment law issues from the management perspective. For more information on Mr. Spitler’s litigation experience and recent results, click here. For more information on Mr. Spitler’s construction experience and recent results, click the banner below.

Mr. Spitler’s practice has a particular emphasis on construction law, particularly complex construction law disputes involving multiple layers of contractors with multiple types of claims. His practice includes litigating delay and impact claims, defective construction claims, preparing pre-lien notices and lien statements and representing contractors through the lien foreclosure process. Mr. Spitler also advises clients in contract drafting and negotiation and is a regular speaker on construction law issues.

Mr. Spitler has been selected by his peers and named a Rising Star by Super Lawyers in the area of Construction Law. Additionally, McDonald, McCann & Metcalf, LLP has received a First Tier ranking by Best Lawyers in the area of Construction Law.

Mr. Spitler was raised in north central Illinois and graduated from Eastern Illinois University in 1997 with a degree in history. He graduated with honors from the University of Arkansas School of Law in 2000. While in law school, Mr. Spitler was a member of the Arkansas Law Review, the Board of Advocates and a member of the moot court traveling team. Mr. Spitler holds both an Oklahoma and an Arkansas license to practice law.

Mr. Spitler is active in various professional, civic and charitable organizations and currently serves as the President of the board of directors of Gatesway Foundation, Inc., a Broken Arrow non-profit providing services to individuals with developmental disabilities in Northeast Oklahoma.

Litigation Experience and Recent Results

  • Obtaining summary judgment in favor of hospital against claims asserted by a physician for violations of federal and state antitrust law, tortious interference with contract and business expectancy, and establishing immunity pursuant to the Health Care Quality Improvement Act.
      Cohlmia, et al. v. St. John Medical Center, et al., United States District Court for the Northern District of Oklahoma, Case No. 4:05-cv-00384-GFK-TLW; United States Court of Appeal for the Tenth Circuit, Case No. 09-5124
  • Obtaining a verdict in favor of a music production company on a fraudulent transfer claim, unwinding a property transfer made by a songwriter to his wife through a divorce decree.
  • Representing a large independent oil and gas company in actions pending in state and federal district and federal bankruptcy courts in Oklahoma, Texas, New Mexico and Delaware involving claims seeking to foreclose oil and gas liens on production.
  • Assisting in obtaining denial of class certification in superfund toxic tort action.
      Cole, et al. v. Asarco, Inc., et al., United States District Court for the Northern District of Oklahoma, Case No. 4:03-cv-00327-GKF-PJC (April 2, 2009)
  • Obtaining a jury verdict in favor of a hospital on a claim brought by an employee that the hospital had retaliated against the employee for taking time off work pursuant to the Family and Medical Leave Act.
      Kissee v. St. John Medical Center, et al, United States District Court for the Northern District of Oklahoma, Case No. 4:02-cv-00001-TRB-FHM
  • Obtaining a jury verdict for the full amount sought in an indemnity action in an action involving the sale of certain franchises.
      Hausler v. Felton, United States District Court for the Northern District of Oklahoma, Case No. 05-cv-0289-TCK-SAJ
  • Litigating numerous actions on behalf of national leasing companies relating to issues arising from finance and commercial leases.
  • Obtaining a verdict in favor of a hazardous waste disposal company in breach of contract action against pharmaceutical company.
  • Obtaining dismissal of state wide class action alleging trespass and damage to property involving tree trimming in easements.
      Taylor v. Public Service Co. of Oklahoma, et al., District Court for the State of Oklahoma, Mayes County, Case No. CJ-2006-00252
  • Obtaining favorable result for bankruptcy Debtor in action against directors and offices for breach of fiduciary duties.
      Hale-Halsell Company v. Citizens Union State Bank & Trust, et al., United States Bankruptcy Court for the Northern District of Oklahoma, Case No. 04-01256
  • Obtaining defense verdict in action brought for breach of services contract.
      Green Country Lawn Service, Inc. v. St. John Medical Center, Inc., District Court for the State of Oklahoma, Tulsa County, Case No. CJ-2002-01488; Oklahoma Supreme Court, Case No. DF-99444
  • Obtaining favorable result in food adulteration case.
  • Obtaining favorable result for drilling company in surface damages case.
  • Representing a major oil company in numerous actions against franchisees across the country in actions involving debranding, breach of franchise agreements, environmental issues, and accounting for product taken by franchisee.

      CITGO Petroleum Corp. v. Atofina Chemicals, Inc., United States District Court for the Northern District of Oklahoma, Case No. 02-cv-00131

      CITGO Petroleum Corp. v. Worlds Best Truck Stops No. 2 Inc., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00137

      CITGO Petroleum Corp. v. Triumph Fuels Corporation, United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00374

      CITGO Petroleum Corp. v. Arko Petroleum, United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00382

      CITGO Petroleum Corp. v. Thomas M. Coburn, United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00451

      CITGO Petroleum Corp. v. TSC Express, Inc., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00471

      CITGO Petroleum Corp. v. Asher Oil & Gas Co., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00472

      CITGO Petroleum Corp. v. Future Petroleum Marketing, Inc., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00770

      CITGO Petroleum Corp. v. Discount Oils, Lubricants & Fuels, Inc., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00798

      CITGO Petroleum Corp. v. Forest C. Roberts, United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00806

      CITGO Petroleum Corp. v. Bray Terminals, United States District Court for the Northern District of Oklahoma, Case No. 04-cv-00482

      CITGO Petroleum Corp. v. Mitchell Oil Company, United States District Court for the Northern District of Oklahoma, Case No. 05-cv-00586

      CITGO Petroleum Corp. v. Krystal Gas Marketing Company, Inc., United States District Court for the Northern District of Oklahoma, Case No. 05-cv-00716

      CITGO Petroleum Corp. v. Cunningham Brothers Oil Company, Inc., United States District Court for the Northern District of Oklahoma, Case No. 06-cv-00636

      CITGO Petroleum Corp. v. Hallman Oil Company, United States District Court for the Northern District of Oklahoma, Case No. 07-cv-00069

      CITGO Petroleum Corp. v. Wilburn Oil Company, United States District Court for the Northern District of Oklahoma, Case No. 08-cv-00053

Construction Experience and Recent Results

  • Obtaining judgment in favor of subcontractor for extensive damages caused to custom electrical switchgear and related equipment by vendor caused by inadvertent discharge of fire suppression system during construction.
      Marrs Electric, Inc. v. Industrial Electric Testing Co., et al, District Court for the State of Oklahoma, Tulsa County, Case No. CJ-2005-784
  • Obtaining a significant arbitration award in favor of a mechanical subcontractor asserting delay and impact claims against a general contractor relating to the construction of a multi-million dollar data center.
  • Obtaining a favorable settlement for a general contractor against a developer of a shopping mall asserting defective work by the general contractor and his subcontractors as a basis to withhold payment.
  • Obtaining favorable result in action brought against client for negligent operation of crane.
  • Obtaining favorable settlement in claim for defective construction on a public school project.

Credentials

Areas of Practice:

  • Construction Law
  • General Litigation
  • Labor and Employment
  • Complex Business Litigation
  • Oil and Gas
  • Commercial Bankruptcy

Bar Admissions:

  • Oklahoma, 2000
  • U.S. District Court Western District of Arkansas
  • U.S. District Court Eastern District of Oklahoma
  • U.S. District Court Northern District of Oklahoma
  • U.S. District Court Western District of Oklahoma
  • U.S. Court of Appeals 10th Circuit
  • Arkansas, 2009

Honors and Awards:

  • Oklahoma Super Lawyers Rising Star

Employment Law Articles

Published Works:

  • Your Beliefs Matter: How to Fine-Tune Your Discipline Policies and Procedures, Oklahoma Employment Law Letter 1, 15 No. 9, 2007
  • Porn at Work – Go Directly to Jail, Oklahoma Employment Law Letter 2, 15 No. 5, 2007
  • Improving Your Workplace Investigations, Oklahoma Employment Law Letter 5, 14 No. 10, 2006
  • EEOC Voluntary Mediation Facts and Benefits, Oklahoma Employment Law Letter 5, 13 No. 11, 2005
  • Wal-Mart Allowed to Slash Salaried Pharmacists’ Hours, Pay During Slow Period, Oklahoma Employment Law Letter 4, 13 No. 3, 2005
  • Working From Home: Not a Reasonable Accommodation, Oklahoma Employment Law Letter 1, 12 No. 7, 2004
  • Third-Party Employment Contractors: Watching What You and They Say, Oklahoma Employment Law Letter 7, 12 No. 5, 2004
  • When Words Can Never Hurt You, Oklahoma Employment Law Letter 5, 12 No. 1, 2004
  • Big Brother in the Workplace: Monitoring Employee Communications, Oklahoma Employment Law Letter 2, 10 No. 3, 2002