Case law

Application of Goodwin

597 P.2d 762 · Supreme Court of Oklahoma · Jul 12, 1979

This case is clearly distinguishable from Fun Country. … The trust indenture clearly sets out the requirement that dwellings financed under this program must be owner-occupied. A duplex in which one side was either rented or vacant would not qualify as owner-occupied.

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

2014 OK 95 · 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.

Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton

501 P.2d 1089 · Supreme Court of Oklahoma · Oct 11, 1972

Even assuming these challenges are not duplicate or tandem, and that all were sustained, validity of the petition still would be established. … The three provisions are clearly separate and distinct and cannot be included within one amendment.

Northwest Datsun v. Oklahoma Motor Vehicle Commission

736 P.2d 516 · Supreme Court of Oklahoma · May 5, 1987

This statute clearly does give standing to protest the establishment of a new dealer franchise to other dealers of the same line-make located within ten miles of the proposed site of the new franchise. … We find the intent of the Legislature in this regard to be clearly and cogently expressed in 47 O.S.1981 § 578, as previously quoted.

BROOM v. WILSON PAVING & EXCAVATING, INC.

356 P.3d 617 · Supreme Court of Oklahoma · Apr 7, 2015

U.S, 2003 OK 77, 17 , 78 P.3d 98, 96-97 , we stated that "if another employer on the same job as the injured worker qualifies as the injured worker's 'princeipal employer (also commonly referred to as a 'statutory employer … ) then such employer is liable for compensation under the Act for that worker's injuries and therefore is immune from tort liability asserted by the injured worker."

Hall v. Goodwin

775 P.2d 291 · Supreme Court of Oklahoma · Jun 6, 1989

The fact that a defendant anticipates the contingency of litigation resulting from an accident or event does not automatically qualify an ‘in house’ report as work product.... … A more or less routine investigation of a possibly resistable claim is not sufficient to immunize an investigative report developed in the ordinary course of business.

In Re Kaufman

72 O.B.A.J. 3061 · Supreme Court of Oklahoma · Oct 16, 2001

Title 26 U.S.C. § 130 (c) (1997) provides: "Qualified assignment. … Elkins, 216 Mont. 108 , 700 P.2d 596, 599 (1985) [Contract containing nonassignment provision precludes establishment of privity between alleged assignee and the other party.]; Cheney v.

Henry v. Oklahoma City

188 Okla. 308 · Supreme Court of Oklahoma · Nov 26, 1940

In this opinion of the city attorney the qualifications were carefully detailed in order that the election officials might be properly advised, and this opinion clearly stated that only qualified taxpaying voters of Oklahoma … Young, supra, as follows: “There is also a well-established rule of law that public officials are presumed to do their duty.

Reynolds v. Advance Alarms, Inc.

232 P.3d 907 · Supreme Court of Oklahoma · Dec 16, 2009

. §§ 165.2, 165.7, 165.8 and 199, provide an established and well-defined public policy sufficient to support a Burk tort claim? … The 2006 version of § 165.2, applicable here, reads: Every employer in this state shall pay all wages due the employees, other than exempt employees and employees of non-private foundations qualified pursuant to 26 U.S.C.

Ex Parte Tindall

102 Okla. 192 · Supreme Court of Oklahoma · Sep 9, 1924

Therefore we must conclude that the general character of the act is within all constitutional limitations and that the general purpose of the act is clearly within the purview of the Constitution. … “The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this state.”

Douthit v. Baldwin

114 Okla. 127 · Supreme Court of Oklahoma · Mar 9, 1926

W. 26 , it is said in the opinion: “The rule is well established that when the creation of a public corporation, municipal or quasi municipal, is authorized, * * * and a corporation has been organized under the color of such … a careful and exhaustive examination of plaintiffs’ petition, and giving to the same the force of admitted facts pleaded therein by reason of the demurrer thereto, we are of the opinion that the plaintiffs’ petition is clearly

Price v. McDowell

52 Okla. 608 · Supreme Court of Oklahoma · Nov 30, 1915

of some of the terms of the written agreement, declares upon the writing as qualified by the oral variation, he cannot prevail.” … The plaintiff failed to establish a prima facie case, his proof showing a contract in writing modified by an unexecuted oral agreement, affected by the statute of frauds.

Matter of Estate of Hixon

715 P.2d 1087 · Supreme Court of Oklahoma · Feb 26, 1985

with or unless otherwise stated hereafter without the interposition of a trust; except that in the establishment of the principal provision may be made touching all matters covered by this Act, and the person establishing … Consequently, under the provisions of the will, the widow is entitled to such power and control over the estate devised to her as to effectuate the testator’s clearly expressed intent, not only to secure to her “income”,

Farrimond v. State Ex Rel. Fisher

71 O.B.A.J. 1769 · Supreme Court of Oklahoma · Jun 27, 2000

Clearly, the rehabilitator was not functioning as a unit of government in his endeavors to rehabilitate Kentucky Central. … [[Image here]] added.] 4 . - Although the issue here is not tort liability of a receiver, the law of judicial immunity is instructive.

Sholer v. State ex rel. Department of Public Safety

66 O.B.A.J. 1818 · Supreme Court of Oklahoma · May 23, 1995

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.

SHELLEM v. GRUNEWELD

2023 OK 26 · Supreme Court of Oklahoma · Mar 28, 2023

The trial court denied the parents' Temporary Restraining Order, but granted a Temporary Injunction on the basis that the parents established the quarantine policy likely violated the Equal Protection Clause of the 14th Amendment … Rather, District asserts what determines whether a student should be temporarily quarantined is evidence of that student's heightened immunity to COVID-19.

Hathaway v. MEDICAL RESEARCH & TECH. AUTH.

49 P.3d 740 · Supreme Court of Oklahoma · Jun 18, 2002

At this point, the law clearly allowed appellant 180 days to bring suit. … A maneuver clearly engineered to avoid liability on a technicality. ¶ 21 The waiver of sovereign immunity is not a blue sky of limitless liability.

Board of Regents of University of Oklahoma v. Childers

197 Okla. 350 · Supreme Court of Oklahoma · Jul 9, 1946

The effect of House Bill 200, above, was to establish the Southern Oklahoma Hospital at Ardmore, to make it “an auxiliary to the University Hospital,” and to place it under “the control and management” of the Board of Regents … It clearly falls within the scope of the function of that board and the institution of higher education it operates.

Severson v. Home Owners Loan Corp.

184 Okla. 496 · Supreme Court of Oklahoma · Jan 31, 1939

the trial court was inhibited by virtue of the provisions of sections 1 and 2, art. 3, of the Constitution of the United States; (2) the plaintiff could not maintain the action on account of the fact that it had failed to qualify … On the other hand, it is a well-established doctrine that state and federal courts have concurrent jurisdiction of suits of a civil nature arising under the Constitution and laws of the United States save in exceptional instances

Atchison, Topeka & Santa Fe Railroad v. Haynes

8 Okla. 576 · Supreme Court of Oklahoma · Aug 25, 1899

By section 10, art. 2, ch. 73, Statutes 1893 and .section 5773, Id., relating to schools, it is- provided that the inhabitants qualified to vote at a school meeting lawfully assembled shall have power, among other things, … within the county, and such fund be-apportioned to tbe various school districts in proportion to the number of children of school age in each of said districts; and, in addition thereto, the inhabitants of each district, qualified