Case law

Jurkowski v. Crawley

637 P.2d 56 · Supreme Court of Oklahoma · Sep 22, 1981

Amant cause, listed above, although ruled insufficient to establish reckless disregard on cer-tiorari, are not all present in the cause before this Court. … Amant and other cases in the same vein clearly demonstrate that failure to investigate does not establish the actual malice standard required to subject a publisher to liability for defamation of a public official.

AMERICAN AIRLINES, INC. v. STATE ex rel. OKLAHOMA TAX COMMISSION

341 P.3d 56 · Supreme Court of Oklahoma · Nov 18, 2014

To maintain this certification, AA is required to follow FAA regulations and guidelines established by original equipment manufacturers. … as a qualified aircraft maintenance facility.

Lewis v. Sac & Fox Tribe of Oklahoma Housing Authority

65 O.B.A.J. 535 · Supreme Court of Oklahoma · Feb 9, 1994

The 1937 Act clearly authorizes the establishment of IHAs in conformity to state law for the purpose of providing low-income housing projects for Indians. 54 Nor are we aware of any legislative history that Congress by “unmistakable … The terms of 24 C.F.R. § 905.125 (1990) are: "An IHA may be established pursuant to a State law that provides for the establishment of IHAs with all necessary legal powers to carry out low-income housing projects for Indians

Allison v. Massey

108 Okla. 140 · Supreme Court of Oklahoma · Mar 3, 1925

We think it is well established that under a statute such as this, when there is no constitutional inhibition, the tenure of office of the person elected is not only for the number of years specifically mentioned, but that … By failure to qualify is not meant inability to qualify because of death, for a dead man cannot be said to fail to do anything.

Terry v. Edgin

598 P.2d 228 · Supreme Court of Oklahoma · Jul 24, 1979

Clearly, the Constitution and statutes are to guide the courts concerning the status of the common law immunity doctrine in Oklahoma. … First, quoting from an earlier case: "The right of the sovereign state to immunity from suit is a public right and must not be treated as relinquished or conveyed away by inference or construction, and statutes must clearly

Faulk v. Board of Com'rs of Marshall County

40 Okla. 705 · Supreme Court of Oklahoma · Apr 28, 1914

However, be that as it may, whether the facts suggested by such an admission are established or not, and we are willing to concede that the submission was in excess of the income and revenue for that year, yet this is not … To adopt this view would be in opposition to every well known rule of construction and have us reach a conclusion in the face of the meaning clearly stated in both the organic and statutory law of this state.

CONNER v. STATE

2025 OK 12 · Supreme Court of Oklahoma · Feb 25, 2025

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. … Thus, because these "constitutional" torts are now clearly "torts" governed by the GTCA, the GTCA's specific prohibition against tort suits arising out of the "operation or maintenance of any prison, jail or correctional

Polk v. Oklahoma Alcoholic Beverage Control Board

420 P.2d 520 · Supreme Court of Oklahoma · Nov 9, 1966

It was stipulated further that plaintiff otherwise was a qualified person except for the statutory requirement of population. … Every legislative act is presumed constitutional, and cannot be declared unconstitutional unless clearly so. Tate v. Logan, Okl., 362 P.2d 670 .

BOOTH v. HOME DEPOT

2022 OK 16 · Supreme Court of Oklahoma · Feb 15, 2022

¶12 Appellant argues that, because the Acts protect all Oklahomans from criminal actions of fraud by a retailer, public policy is clearly established. Not so. The OCPA and the HRFA are not primarily criminal statutes. … Without a clear mandate from the Legislature, the Acts do not qualify as an established public policy.

Hubbard v. Cowling

36 Okla. 603 · Supreme Court of Oklahoma · Jan 7, 1913

It is not contended by defendant that the communication was absolutely privileged, but that it was only a qualified or conditional privilege. What is a qualified, or conditional, privileged communication? … Measured by the above general rules, which seem to be well established, and which, in our opinion, undoubtedly state the law applicable to this case, we are clearly of opinion that the instructions given by the court on the

Truitt v. Diggs

611 P.2d 633 · Supreme Court of Oklahoma · Apr 8, 1980

Clearly, any reasonable person knowing of the reckless driving history and the condition of the bus would not have allowed the practices alleged in Hazlett to continue. … Arthur Young argues that such allegations fail (1) to establish a duty toward the decedent in this case, and (2) fail to establish a causal connection between any alleged negligence on its part and the death of Randall Truitt

Day v. Territory of Oklahoma

2 Okla. 409 · Supreme Court of Oklahoma · Sep 7, 1894

Clearly the amendments to the case made could not properly be allowed until the record, itself, had been amended. … was actually present on his trial, thereby saying to the world that the trial of a defendant may take place, in this territory, in his absence, in violation of a sacred and humane constitutional, as well as a statutory, immunity

Sholer v. STATE EX REL. DEPT. PUB. SAF.

945 P.2d 469 · Supreme Court of Oklahoma · Aug 14, 1997

SOVEREIGN IMMUNITY AND THE GOVERNMENTAL TORT CLAIMS ACT DPS has invoked the protection of sovereign immunity from suit. … deciding an issue of first impression whose resolution was not clearly foreshadowed.

St. Louis-San Francisco Ry. Co. v. Superior Court, Creek County

276 P.2d 773 · Supreme Court of Oklahoma · Jul 13, 1954

Petitioner’s showing reasonably tended to establish the following situation: Plaintiff Murphey, a resident of Springfield, Missouri, was allegedly injured at that place; all of the witnesses except two reside at Springfield … This case clearly disposes of respondent’s argument that a state court cannot decline jurisdiction of an F.E.L.A. action.

Wall v. Marouk

302 P.3d 775 · Supreme Court of Oklahoma · Jun 4, 2013

expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the determination of the expert that, based upon a review of the available material including … expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the expert's determination that, based upon a review of the available medical records, facts

Truttman v. City of McAlester

206 Okla. 297 · Supreme Court of Oklahoma · Apr 8, 1952

Plaintiffs alleged that they were resident taxpayers and were qualified and licensed master; plumbers and journeymen plumbers. … Undisputed evidence established .that these applicants, as well as several others, failed to make a passing grade.

In Re Frary's Estate

186 Okla. 126 · Supreme Court of Oklahoma · Nov 28, 1939

“A proviso can have no existence separate and apart from the provision it is designed to limit or qualify. … It is likewise clearly not intended to limit, qualify, or affect that which is found thereafter in subdivision 3 of section 1617, supra, which is clearly applicable in the instant case.

Cruse v. Board of County Commissioners

66 O.B.A.J. 4005 · Supreme Court of Oklahoma · Dec 19, 1995

The latter result clearly is repugnant to the now-prevailing national choice-of-law rules. … The course it takes is clearly contrary to the extant national jurisprudence.

Garcia v. Ted Parks, L.L.C.

195 P.3d 1269 · Supreme Court of Oklahoma · Oct 7, 2008

Service was clearly ineffective and contrary to 12 0.S8.2001 § 2004. 16 *1276 122 The landowner does admit discovering the notice on her kitchen table by the end of July 2006. … Not only was notice defective, the landowner qualified for a redemption. The version of 68 0.8.

OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE v. DRUMMOND

2023 OK 24 · Supreme Court of Oklahoma · Mar 21, 2023

Employing rational-basis review clearly causes the statutes to pass constitutional muster, as the State clearly has a legitimate interest in protecting the unborn. … We have squandered the opportunity to clearly advise the people that the Oklahoma Constitution, as currently worded, does no expressed or hiddent establish a fundamental abortion right under any circumstance.