John D. Mashburn

John Mashburn has over thirty years experience successfully representing a diverse clientele in a broad range of civil matters both in litigation and in providing legal counsel outside of litigation. John has extensive, successful experience in commercial litigation; bankruptcy litigation; creditor, bankruptcy estate and bankruptcy trustee representation in all areas of bankruptcy; employment claims; representation of non-profit organizations and educational institutions; personal injury litigation including insurance bad faith, toxic torts, fire injuries and property loss claims; arbitration and mediation; and appeals before all Courts including the U.S. Supreme Court.

John has tried complex civil cases against General Motors, Black & Decker, large hospitals, international manufacturers and other corporate giants. John was also the lead counsel briefing and arguing before the United States Supreme Court, which resulted in a unanimous ruling in our client’s favor. He has tried numerous state, federal and federal bankruptcy cases. He has multiple published opinions (which serve as authority for other courts) from appellate cases where he prevailed and often established new law. Mr. Mashburn has extensive experience in creditor and bankruptcy law and has served as a U.S. Bankruptcy Trustee since 2004, administering over 8,000 cases, and has served on multiple Creditors’ Committees and Trusts. In cases where John served as a Trustee or member of a Creditors’ Trust, he has recovered and paid to creditors in excess of $45,000,000. John has also appeared as an expert witness and has lectured in multiple Continuing Education classes.

Representative Matters

• C & L Enterprises, Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 532 U.S. 411, 121 S.Ct. 1589, 149 L.Ed.2d 623 (2001): Lead counsel for the Plaintiff/Appellant C & L Enterprises, Inc., a roofing contractor who sued the Indian Tribe for breach of contract. We prosecuted the case through arbitration, multiple state and federal actions, appeals to the Tenth Circuit Court of Appeals, to the Oklahoma Supreme Court and ultimately through appeal and argument before the U.S. Supreme Court. The Supreme Court gave a unanimous verdict in our client’s favor and set wide-sweeping precedent for how Indian Tribes an other sovereigns may waive sovereign immunity by the terms of their contracts. Our client recovered the full amount of his loss plus court costs and attorney fees. Listen to John Mashburn’s oral argument before the U.S. Supreme Court at: www.oyez.org/cases/2000/00-292
• Evers v. FSF Overlake Associates, 77 P.3d 581 (Okla. 2003): Represented an apartment tenant against the landlord for injuries resulting from a meth lab in a neighboring apartment. On appeal the Oklahoma Supreme court ruled in our client’s favor, overruling the Oklahoma Court of Appeals and the trial court and establishing Oklahoma Law that appellate courts cannot engage in first-instance examination of untried facts and legal theories that are outside the trial court record. Following appeal, our client recovered her losses by settlement.
• Hale-Halsell Company, Northern Dist. of Oklahoma Bankruptcy No. 04-11677 (2004): John Mashburn represented a member of the Unsecured Creditor’s Committee and also served as one of the three trustees of the Creditor’s Trust charged with liquidating assets and paying creditors. The Creditor’s Trust recovered and disbursed to creditors over $20,000,000.00 with creditors being paid approximately 120% of their allowed claims.
• Neste Polyester, Inc. v. Burnett, 92 Ark. App. 413, 214 S.W.3d 882 (2005): Represented a bass boat manufacturer who sued Neste (an international manufacturer of polyester resins and gelcoats) for breach of warranty on a defective product. We prevailed at trial receiving a $2,500,000.00 jury award. Neste appealed to the Arkansas Court of Appeals where we again won with the Court affirming the jury verdict and award. Following appeal, our client recovered the full amount of the judgment plus court costs, interest and attorney fees.
• In re: Catholic University of Oklahoma, dba St. Gregory’s University, Inc., Western Dist. of Oklahoma Bankruptcy No. 17-15134 (2017): John Mashburn serves as the Chapter 7 U.S. Bankruptcy Trustee in this case and the firm serves as legal counsel to the bankruptcy estate. The firm has already successfully litigated multiple complex and unusual claims in the bankruptcy. As one of Oklahoma’s largest bankruptcy liquidations, Mashburn has already liquidated over $10Million in oil and gas properties, has sold the university campus and has recovered and liquidated other personal property and claims all totaling a recovery to the estate, thus far, of over $20,000,000.00 and has already disbursed over $17,460,591.00 to creditors including payment of all unsecured claims in full with interest. Other significant assets are still being pursued.