Case law

Steidley v. Community Newspaper HoldIngs, Inc.

383 P.3d 780 · Court of Civil Appeals of Oklahoma · Jan 29, 2016

While Oklahoma’s session laws for the OCPA do not contain identical language, they nonetheless clearly provide for an effective date. 2014 Okla. Sess. Law. … Rev. 367 , 376, n. 54 (noting that the procedural protections in anti-SLAPP laws "operate much like determinations of absolute or qualified immunity”). .

Moore v. Target Stores, Inc.

571 P.2d 1236 · Court of Civil Appeals of Oklahoma · Nov 17, 1977

Moore had no fingernails to employ in removing the first tag and also shows this store commonly contains items bearing multiple tags, the jury’s finding is clearly not reversible for lack of supportive evidence. … Woolworth Co., 144 Misc. 27 , 257 N.Y.S. 776, 782 , and expresses our opinion: “Immunity from vicarious liability would permit any store keeper to subject his customers to the hazards of an irresponsible detective agency

Laws v. STATE EX REL. OKLAHOMA DHS

81 P.3d 78 · Court of Civil Appeals of Oklahoma · Aug 5, 2003

Finally, the record here shows that G.L., as a foster child, had qualified for DDSD services. ¶ 31 The second requirement dealing with foster parent(s) clearly restricts adoption subsidies to a special class of persons. … Any plan deemed appropriate as a prerequisite for those services either was, or could have been, established then. ¶ 36 Moreover, Laws had established her claim well prior to January 1, 2000.

Okla. Pub. Emps. Ass'n v. State ex rel. Okla. Tourism & Recreation Dep't

433 P.3d 353 · Court of Civil Appeals of Oklahoma · Nov 20, 2018

This is the Lake Murray Lodge Statute (LMLS). ¶26 Clearly, the Legislature intended to offer severance packages to all, i.e ., classified and unclassified employees of the OTRD. … We agree. ¶36 The trial court's ruling is erroneous because the LMLS clearly applies only to "any state lodge or park facility owned by the Department."

Sheets v. Sheets

75 O.B.A.J. 232 · Court of Civil Appeals of Oklahoma · Dec 12, 2003

By using the terms “foreseen changes” the Legislature clearly intended that any prospective adjustments to child support be reasonably related to known or clearly ascertainable changes in expenses or income, such as: known … Thielenhaus, 1995 OK 5 , ¶ 19, 890 P.2d 925, 934-35 , the Supreme Court reiterated the rule established by 43 O.S.

Gibson v. Copeland

71 O.B.A.J. 2951 · Court of Civil Appeals of Oklahoma · Sep 26, 2000

incarceration. 113 Hence, the case presents a claim for replevin by an incarcerated individual which then raises two questions: (1) Does Oklahoma statutory replevin fall within the seope of the GTCA; and, (2) If so, does the GTCA establish … Id. at 288. $15 The GTCA applies to the tort claims aspects of Gibson's statutory replevin remedy and provides immunity.

In RE MJJ v. State

69 P.3d 1226 · Court of Civil Appeals of Oklahoma · Apr 4, 2003

We find this argument has no merit. ¶ 5 While § 1912(f) clearly establishes the trial court standard of proof for termination of parental rights under the ICWA, there is no duty thereunder for the court to express in its … Because cultural bias is not implicated in this case, Armstrong is qualified to testify as an expert witness under § 1912(f).

CARISTA v. VALUCK

394 P.3d 253 · Court of Civil Appeals of Oklahoma · Sep 19, 2016

If the prescription is “unreasonable on its face,” e.g., it prescribes facially bizarre quantities or dosages clearly outside of any acceptable range, or clearly inappropriate drugs; and 2. … However, as we have identified in this opinion, although the immunity granted by the “learned intermediary” doctrine and other Oklahoma statutes is broad, it is not absolute.

Hollis v. State ex rel. Department of Public Safety

131 P.3d 145 · Court of Civil Appeals of Oklahoma · Nov 14, 2005

The burden of proving incapacity to refuse to submit to the test rests with the licensee if, and after, DPS has established its prima facie case. … If this were a criminal proceeding, Oklahoma law clearly provides the defendant would have the burden of proving incapacity to refuse to submit to the breath or blood tests under the same statute, 47 O.S.

AMS STAFF LEASING INC. v. THOMPSON

344 P.3d 1105 · Court of Civil Appeals of Oklahoma · Feb 2, 2015

The order to commute clearly shortens the duration of benefits. The court therefore finds the last order in this matter (commutation) directly affects the range of monetary benefits. … alleges a single, first-impression ground of error: whether the workers' compensation court's December 2009 order granting Claimant's request to commute to a lump sum a portion of his PPD award extended the statutorily established

Laws v. State ex rel. Oklahoma Department of Human Services

74 O.B.A.J. 3334 · Court of Civil Appeals of Oklahoma · Aug 5, 2003

It is undisputed that GL. qualifies as a special needs child. … Finally, the record here shows that GL., as a foster child, had qualified for DDSD services. 31 The second requirement dealing with foster parent(s) clearly restricts adoption subsidies to a special class of persons.

JOHNSON v. GEO GROUP, INC.

436 P.3d 759 · Court of Civil Appeals of Oklahoma · Jun 15, 2018

And, this notice was clearly provided "within one (1) year after the loss occurs." Id . … As previously established, none of the GEO parties is either.

State v. Frazier

76 O.B.A.J. 1714 · Court of Civil Appeals of Oklahoma · Jun 28, 2005

. ¶ 11 On cross-examination, W.V. acknowledged she was not a qualified forensic interviewer. … Further, the voices on the recording are not clearly identified. ¶40 Last, the substitute, and supposedly qualified, interviewer was not present at trial and available for cross-examination.

City of Oklahoma City v. Johnson

294 P.3d 470 · Court of Civil Appeals of Oklahoma · Nov 30, 2012

Respondent argues the decision of the lower court is so clearly contrary to the weight of the evidence as to require its vacation by this Court. 17 The law in effect at the time of the injury controls determination of a claim … The award for 355 weeks of benefits lies within the range of disability established by the medical evidence.

Goff v. SALAZAR ROOFING & CONST., INC.

242 P.3d 604 · Court of Civil Appeals of Oklahoma · Sep 24, 2010

To establish a claim under the ADA, Goff must establish the following: 1) she is a disabled person within the meaning of the ADA; 2) she is qualified to perform the essential functions of the job with or without a reasonable … that Goff was qualified to perform the essential functions of the job with or without a reasonable accommodation.

AMS STAFF LEASING INC. v. THOMPSON

344 P.3d 1105 · Court of Civil Appeals of Oklahoma · Feb 2, 2015

The order to commute clearly shortens the duration of benefits. The court therefore finds the last order in this matter (commutation) directly affects the range of monetary benefits. … denying commutation of the original award would also qualify." 2000 OK 86, n.33.

IN THE MATTER OF THE ESTATE OF ATKESON

2023 OK CIV APP 46 · Court of Civil Appeals of Oklahoma · Oct 27, 2023

Criswell has no pecuniary interest in the probate of Brennen's estate, does not qualify as a creditor or potential creditor, and does not qualify as a person entitled to disposition of Brennen's remains pursuant to 21 O.S … For purposes of this paragraph, "estranged" means a physical and emotional separation from the decedent at the time of death that clearly demonstrates an absence of due affection, trust and regard for the decedent. 5 Title

Eagle v. State (In re J.W.E.)

419 P.3d 374 · Court of Civil Appeals of Oklahoma · Mar 15, 2018

She stated that she is "becoming an established member because in order for [the children] to become members [she has] to be an established member." … She also testified that she is an established member of the Choctaw Nation, which would qualify the children for membership in the Choctaw Nation.

MARTINEZ v. STATE ex rel. DEPT. OF PUBLIC SAFETY

2014 OK CIV APP 17 · Court of Civil Appeals of Oklahoma · Nov 5, 2013

report and the alcohol test results. ¶19 Thus, the report does not establish as a matter of law whether the initial stop was constitutional, nor does it establish establish that probable cause for APC arrest actually existed … This claim is possibly better described as one pursuant to 47 O.S.2011 § 756(C), which states, "To be admissible in a proceeding, the evidence must first be qualified by establishing that the test was administered to the

BURGIN v. LEACH

2014 OK CIV APP 18 · Court of Civil Appeals of Oklahoma · Jan 21, 2014

Further, the standard of care required to establish liability is not ordinary negligence but reckless disregard for the rights of others. §11-106(E). … Whether a defendant is properly using audible signals or flashing lights are factors that determine whether the driver qualifies for the privilege. See , Blackburn v.