No. 25-644

Albert G. Gerhart v. Charity Linch, Chairwoman, Oklahoma Republican Party

Lower Court: Oklahoma
Docketed: 2025-12-04
Status: Pending
Type: Paid
Response Waived
Tags: anti-slapp derivative-action due-process judicial-bias procedural-conflict shareholder-rights
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2026-02-20
Question Presented (from Petition)

Question 1.

Whether the Due Process was given in the lawsuit under the 5" and 14
Amendment. Specifically Points A, B, C, D and E.

Point A.

Whether Derivative Action Lawsuits Require Notice prior to dismissal as
required under Oklahoma Statutes Title §12-2023.1. - Derivative actions by
shareholders and Federal Rule of Civil Procedure23.1.

Point B

Whether Determining who is Representing the Party's Interests is Required in a
Law Suit.

Point C.

Whether a conflict between the State OCPA law and this Court's rulings and
other State High Court rulings on anti SLAPP laws, is present when the a
defendant's ultra vires acts in have no connection with a public issue or legal right
of action.

Point D.

Whether there is a conflict between the lower court ruling on judicial bias or lack
of same and the previous rulings of this Court's and other state high court
decisions.

Point E.

Whether the appeals court erred when it refused to consider Oklahoma Statutes

Title 12-1032 and 1038 to extend time and manner of appeal.

Question 2.

Whether there is a conflict between the lower court ruling stating that
contract rights and Rights of Association are unenforceable, and previous
published opinions of this Court and other state high courts stating such
rights are enforceable.

Question Presented (AI Summary)

Whether due process was violated in a derivative action lawsuit involving shareholder rights and procedural conflicts

Docket Entries

2026-01-21
DISTRIBUTED for Conference of 2/20/2026.
2026-01-02
Waiver of right of respondent Charity Linch, Chairwoman, Oklahoma Republican Party to respond filed.
2025-08-06
Petition for a writ of certiorari filed. (Response due January 5, 2026)

Attorneys

Albert G. Gerhart
Albert Gustava Gerhart — Petitioner
Charity Linch, Chairwoman, Oklahoma Republican Party
Kyle D. HincheyTitus Hillis Reynolds Love, Respondent