Digital Design Group, Inc., Plaintiff/appellee/cross-Appellant v. Information Builders, Inc…

Summary

The court held that Oklahoma's discovery rule applies to libel claims when the alleged publication was concealed or secretive, and that disputed discovery facts ordinarily present a jury question. It nevertheless held that the defendant waived submission of the limitations defense because it relied exclusively on a publication-date theory and did not request an instruction or present the alternative timeliness issue to the jury. The court also held that submitting the contract claim was prejudicial error because the evidence did not support contract damages and the verdict form improperly intermixed contract and libel damages.