# Long v. DeGeer

> Supreme Court of Oklahoma · October 27, 1987 · 753 P.2d 1327

URL: https://www.frixlaw.com/law-library/cases/9560624

## Case

- **Full name:** Mary L. LONG, Appellee, v. Bill DeGEER, Appellant
- **Court:** Supreme Court of Oklahoma
- **Decided:** October 27, 1987
- **Citations:** 753 P.2d 1327; 1987 OK 104; 1987 Okla. LEXIS 251; 1987 WL 1132
- **Precedential status:** Published
- **Opinion:** Concurrence by Opala
- **Judges:** Lavender, Doolin, Hargrave, Simms, Opala, Summers, Kauger, Hodges, Wilson
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9560624

## Opinion text

OPALA, Justice,
concurring.
Under Oklahoma’s Constitution, Art. 23 § 8, 1 express or implied contractual waivers of a constitutional right appear to be unenforceable.
If Mary Long’s arbitration agreement now in suit were to be construed as an implicit waiver of her fundamental right to a trial by jury, then, under the cited provisions of this state’s fundamental law, her promise might be avoidable.
The arbitration clause sought to be enforced against Mary Long appears to be governed by the laws of the State of New York. The contract she signed so recites and she claims no infirmity in that clause. Nor does she argue here that her arbitration agreement is unenforceable as viola-tive of some public policy principle espoused by the law that governs the parameters of her contractual promise. 2
Because I cannot conclude that Mary Long’s arbitration agreement is governed by Oklahoma law, I must concur in the court’s judgment and in its opinion.
. The terms of Art. 23 § 8, Okl. Const., provide:
"Any provision of a contract, express or implied, made by any person, by which any of the benefits of this Constitution is sought to be waived, shall be null and void.” [Emphasis added.]
. See Benham v. Keller, Okl., 673 P.2d 152, 153 [1983].

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9560624. Public record. Not legal advice.