Case law

LARRY AUSTBO, Surviving Spouse of MARILYN AUSTBO v. GREENBRIAR

2025 OK 85 · Supreme Court of Oklahoma · Nov 18, 2025

de novo review, we hold that Defendants have failed to establish that they are immune. … Thus, Defendants cannot establish PREP Act immunity at the summary judgment stage .

Roberts v. South Oklahoma City Hospital Trust

742 P.2d 1077 · Supreme Court of Oklahoma · Jul 22, 1986

We merely find that this is not a public trust which may qualify for statutory immunity. … Title 11 O.S.1981 § 30-101 provides: “A municipal governing body may establish and maintain a municipal hospital.

Jarvis v. City of Stillwater

669 P.2d 1108 · Supreme Court of Oklahoma · Sep 20, 1983

While the Act does limit the amount of allowable recovery and imposes the requirement of a pre-suit notice, it fails clearly to create any special defenses to a worker’s third party action against a municipality. … The terms of § 155(14) do not appear explicitly to fashion greater immunity from tort action than that which is established by the compensation law.

Lind v. Barnes Tag Agency, Inc.

418 P.3d 698 · Supreme Court of Oklahoma · May 1, 2018

stock in the corporation may elect to include the sole proprietors, any or all of the partnership members, any or all of the limited liability company members or any or all stockholder-employees as employees, if otherwise qualified … Supp. 2013 § 5 2 , merely codifies an established tenet that shareholders and corporate officers are afforded immunity to the same extent as an employer under workers' compensation law. ¶ 15 This Court recently examined the

Sixkiller v. Summers

680 P.2d 360 · Supreme Court of Oklahoma · Apr 17, 1984

Sharon Sixkiller and Billy Summers had previously been married and divorced; at the time the accident occurred David was visiting his natural father pursuant to visitation rights established in his parents’ divorce decree … The parent is clearly in the best position to know the limitations and capabilities of his or her own children. These intangibles cannot be adequately conveyed within the formal atmosphere of a courtroom.

Phelps v. Childers

184 Okla. 421 · Supreme Court of Oklahoma · Feb 11, 1939

McGhee, 148 Okla. 219 , 298 P. 580 , this distinction was clearly set forth. … Furthermore, there are no "exclusive" rights, privileges, or immunities involved in the doing of the work.

Brock v. Thompson

68 O.B.A.J. 3316 · Supreme Court of Oklahoma · Oct 14, 1997

The discussion of public issues is integral to the operation of the system of government established by our Constitution. … The railroads filed a counterclaim, charging that the truckers sought to establish a monopoly through similar political activities.

RITTER v. STATE

520 P.3d 370 · Supreme Court of Oklahoma · Sep 20, 2022

State , 1987 OK 14 746 P.2d 1135 70 O.S. 1981 §18-101 Fair , supra at ¶45. ¶18 Public health codes "in a clear and compelling fashion" articulate a well-defined, firmly established, state public policy. ¶19 At the heart of … Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes

Hoover v. Kiowa Tribe of Oklahoma

70 O.B.A.J. 2088 · Supreme Court of Oklahoma · Jun 29, 1999

to a limited waiver of its immunity from suit. [29] The remedies clause clearly expresses the Tribe's consent to suit as provided in the UCC. … NOTES [1] The dissenting opinion's argument that the Tribe waived its immunity from suit in this transaction is clearly in error.

Cunningham v. Charles Pfizer & Co., Inc.

532 P.2d 1377 · Supreme Court of Oklahoma · Mar 26, 1975

However, defendant made no effort to furnish this information to participants in the mass- immunization program. … “This duty does not impose an unreasonable burden on the manufacturer. * * * means of communication such as advertisements, posters, releases to be read and signed by recipients of the vaccine, or oral warnings were clearly

Curtis v. Board of Education of Sayre Public Schools

66 O.B.A.J. 3478 · Supreme Court of Oklahoma · Oct 31, 1995

State, 672 P.2d 1153 (Okla.1983), this Court abrogated the judicially established doctrine of sovereign immunity, but left unaffected the power of the legislature to regulate governmental tort liability. … Clearly, softball is a competitive sport where participant/team members strive to defeat an opposing team.

STATE EX REL. OKLAHOMA BAR ASS'N v. Wilcox

227 P.3d 642 · Supreme Court of Oklahoma · Nov 3, 2009

The Gregory court concluded that the judge was entitled only to a defense of qualified immunity and that the judge was required to show that he was acting in good faith. … Justice Opala, with whom Justice Kauger joined, wrote: Even though using summary process for according the defendant-judge immunity from suit may at first blush appear error-free, it was clearly impermissible as contrary

Hammett v. Hunter

189 Okla. 455 · Supreme Court of Oklahoma · Sep 9, 1941

A conditional or qualified privileged communication is defined in Bland v. … The immunity from civil liability in such case is grounded on the familiar rule of public policy. 36 C. J. 1239, § 204.

LOVEN v. CHURCH MUTUAL INSURANCE CO.

2019 OK 68 · Supreme Court of Oklahoma · Oct 22, 2019

established for the same purpose, their agents, employees or designees; and 3. … established for the same purpose, their agents, employees or designees; and 3.

PIERSON v. JOPLIN

2016 OK 40 · Supreme Court of Oklahoma · Apr 12, 2016

The Court has defined a purely judicial act, which would qualify for immunity, as "one done by a member of the judicial department in construing the law or applying it to a particular state of facts." N. … In the present case, the Appellants have not shown intent to deceive on the part of the Appellees in order to establish actual fraud.

State Ex Rel. May v. Seneca-Cayuga Tribe of Oklahoma

711 P.2d 77 · Supreme Court of Oklahoma · Jan 13, 1986

Pate established similar trust status in favor of the Quapaw Tribe. The land in question is located in the Quapaw Industrial Park, Ottawa County, Oklahoma. … Supp.1983 § 995.1(a) also require that a bingo license "... shall not be leased or assigned to a commercial establishment.” 5 .

ANAGNOST v. TOMECEK

390 P.3d 707 · Supreme Court of Oklahoma · Jan 24, 2017

Generally, a statute or its amendments will have only prospective effect unless it clearly provides otherwise. Id. … Rev, 367, 367, n. 54 (procedural protections of laws such as OCPA operate much like absolute or qualified immunity). 23 . See, e.g., Cole v. Silverado Foods, 2003 OK 81 , 78 P.3d 542 ; Walls v.

Waltrip v. Osage Million Dollar Elm Casino

290 P.3d 741 · Supreme Court of Oklahoma · Jun 26, 2012

The policy further provides that "[flor the purposes of this policy, law shall mean, unless otherwise specifically identified, tribal ordinance or any other law to which you are subject." 10 The terms of the policy clearly … has waived its immunity.'"

SANDERS v. TURN KEY HEALTH CLINICS

566 P.3d 591 · Supreme Court of Oklahoma · Mar 11, 2025

Turn Key argues it is immune from liability based upon 51 O.S.Supp.2014, §152 ¶36 In Sullins v. … As used in the Professional Entity Act, unless the context clearly indicates that a different meaning is intended: 1.

In Re Biggers

24 Okla. 842 · Supreme Court of Oklahoma · Oct 20, 1909

as will preclude this court from disbarring respondent on account of such transaction, although such dereliction is established otherwise than through fhe evidence or admissions of said respondent. … We are clearly of opinion that no statute which leaves the party or witness subject to prosecution after he answers the criminating questions put to him can have the effect of supplanting the privilege conferred by the Constitution