Case law

Cooper v. MILLWOOD INDEPENDENT SCH. DIST.

887 P.2d 1370 · Court of Civil Appeals of Oklahoma · Aug 2, 1994

Courts do not read immunity into the exemption provisions if they are silent, doubtful or ambiguous as applied to any particular circumstances. Gunn v. Consolidated Rural Water & Sewer, 839 P.2d 1345 (Okla. 1992). … Cooper's Petition clearly links Neal's legal duties, and the alleged breach of those *1375 duties to Neal's operation of Millwood's bus.

Kinney v. Board of Com'rs of Tulsa County, Okl.

66 O.B.A.J. 1487 · Court of Civil Appeals of Oklahoma · Mar 21, 1995

Said charter may provide for the organization, reorganization, establishment and administration of the government of the county, including the control and regulations of the performance of and the compensation for all duties … The Act permits voters in the qualifying counties to effectively replace the entire system of county government.

Belletini v. State ex rel. Department of Transportation

67 O.B.A.J. 2520 · Court of Civil Appeals of Oklahoma · Mar 29, 1996

Herein, ODOT asserts (1) immunity from liability under the Oklahoma Governmental Tort Claims Act (OGTCA), 51 O.S. § 151 et seq., (2) failure of Appellees’ proof of all elements of actionable negligence, and (3) excessive … Moreover, the lay testimony adduced clearly established, in our view at least some of Bovio’s declining medical condition to the injuries sustained in the auto accident, and we hold the trial court did not err in admitting

American National Bank & Trust Co. of Shawnee v. Clarke & Van Wagner, Inc.

692 P.2d 61 · Court of Civil Appeals of Oklahoma · Nov 21, 1984

On the contrary, the evidence establishes that a proper fee would be considerably less. … An attorney in Oklahoma is clearly prohibited from receiving a fee which is excessive or unreasonable. As stated in State ex rel. Burk v.

Springer v. Richardson Law Firm

239 P.3d 473 · Court of Civil Appeals of Oklahoma · Jun 25, 2010

The "litigation privilege" upon which Appellees rely "accords attorneys, parties, jurors and witnesses immunity for comments or writings made during the course of or preliminary to judicial or quasi-judicial proceedings." … Exhibit 10 of Appellant's May 2, 2008 Petition establishes that each of Appellant's thirteen "Counts" are direct quotes from the April 22, 2008 Petition's "Facts Pertaining to All Claims" and each alleges Appellees "made

Public Svc. Co. v. Duncan Pub. Util. Autho.

248 P.3d 400 · Court of Civil Appeals of Oklahoma · Oct 29, 2010

This foundation is a private foundation established to administer a one-half cent sales tax dedicated for economic development in the Duncan area. … DP & L also argues these laws to be contrary to the constitutional ban on exclusive franchises and the constitutional prohibition against legislation granting exclusive rights, privileges or immunities.

City of Midwest City v. Public Employees Relations Board

74 O.B.A.J. 1334 · Court of Civil Appeals of Oklahoma · Mar 7, 2003

"Reversal is also appropriate if the agency's findings are clearly erroneous in view of the reliable, material, probative and substantial competent evidence in the record." Id., ¶13. … Given our determination that the fitness standards do not qualify as a valid past practice or the settled status quo, they were not established terms and conditions of employment subject to a good-faith bargaining and negotiation

ROSS v. CITY OF OWASSO

389 P.3d 396 · Court of Civil Appeals of Oklahoma · Dec 12, 2016

We find that the Report qualifies as a personnel record that the City may keep confidential. … Disclosure of criminal activity would not result in a “clearly unwarranted invasion of personal privacy,” and hence 51 O.S. Supp. 2014 24A.7(A)(2) cannot apply; 6.

R & R Engineering Co. v. Board of Review OESC, Oklahoma Employment Security Commission

322 P.3d 471 · Court of Civil Appeals of Oklahoma · Feb 14, 2014

Employer specifically submits its evidence clearly established Claimant resigned without good cause and his voluntary resignation disqualified him from receiving benefits pursuant to § 2-404. ¶ 10 Commission counters if an … However, no prejudice would have resulted if the Commission had accepted Employer’s response as timely and sufficient to qualify Employer as an “interested party.”

IN THE MATTER OF 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.

Kolaski v. State

253 P.3d 1007 · Court of Civil Appeals of Oklahoma · Apr 15, 2011

For example, the Legislature has provided for expungement of an arrest record if an accused is acquitted, or factual innocence is established by DNA, or the crime was committed by another person who stole the accused's identity … Clearly, such dismissals would relate to the merits as opposed to only a procedural issue, i.e., witnesses could not be located, or failed to appear, or evidence suppressed due to a bad search.

Gilio v. State Ex Rel. Oklahoma State Bureau of Investigation

72 O.B.A.J. 3100 · Court of Civil Appeals of Oklahoma · Feb 20, 2001

, 1987 OK 64, ¶ 4 , 741 P.2d 449, 452 . 114 It is clear that while there is no absolute right to carry a loaded, concealed firearm at all times in all places, our courts and legislature have chosen to allow an otherwise qualified … Rather, the facts in this case establish that Permit Holder failed to identify the fact that he was in actual possession of a concealed firearm, but did not establish whether Permit Holder was acting "pursuant to the authority

Walters v. State ex rel. Oklahoma Tax Commission

68 O.B.A.J. 1196 · Court of Civil Appeals of Oklahoma · Aug 23, 1996

Constitution, but they have failed to establish the necessary factual predicate to assert such a claim, because their out-of-state income is not being taxed. … The bill does not offend the privileges and immunities clause of the U.S. Constitution, Art. IV, § 2, cl. 1, by taxing the property of persons who are not represented in the Legislature.

Haggard v. Studie

610 P.2d 1228 · Court of Civil Appeals of Oklahoma · Apr 8, 1980

The Act of April 12, 1926, 44 Stat. 239 , firmly established that fact. This Act was interpreted in Wolfe v. … A quiet title action is of equitable cognizance and will not be reversed on appeal unless clearly against the weight of the evidence. Olsen v. Jones, Okl., 412 P.2d 162, 167 . We affirm the trial court’s findings.

Tynes v. Uniroyal Tire Co.

679 P.2d 1310 · Court of Civil Appeals of Oklahoma · Apr 24, 1984

The burden is upon the claimant to show she qualifies for unemployment compensation, Blankenship v. Board of Review, Okl. Emp. Sec. … The transcript of the hearing clearly reveals the referee was only concerned with whether Tynes was aware of IJniroyal’s policy and whether she had been tardy or left early in excess of that allowed.

STATE ex rel. DEPT. OF HUMAN SERVICES v. COLDWATER

364 P.3d 672 · Court of Civil Appeals of Oklahoma · Oct 22, 2015

If Mother can establish the requirements of § 118(C)(D)(2)(a), then the trial court must follow § 118C(D)(2)(b) and (c). … Once the trial court determines the number of qualified prior-born children, then that number can be inserted on the Child Support Computation form to determine the deduction amount.

M & W Restaurants, Inc. v. Oklahoma Alcoholic Beverage Laws Enforcement Commission

74 O.B.A.J. 677 · Court of Civil Appeals of Oklahoma · Oct 25, 2002

“A legislative act is presumed to be constitutional and will be upheld unless it is clearly, palpably and plainly inconsistent with the Constitution. … Section 598 specifically includes low-point beer in its definition of alcoholic beverages which clearly violates Article XXVIII, Section 2.

BENTLEY v. KIRK

348 P.3d 1112 · Court of Civil Appeals of Oklahoma · Apr 8, 2015

up the kidney on an emergency basis because of a misrepresentation to both of them that the rejection of the donor kidney had been occasioned by a rare blood disorder, with the implication that Tice might otherwise never qualify … Kirk is indeed an employee of Hospital, the established standards and procedures of summary judgment may not be circumvented by "converting" a motion to dismiss into a motion for summary judgment.

UNIBRIDGE SYSTEMS, INC. v. PATTERSON

2017 OK CIV APP 32 · Court of Civil Appeals of Oklahoma · May 5, 2017

Thus, the Solicitation was properly let under the CPA. ¶10 In the present case, the parties clearly disagree as to which Act governs. … The evidence before the ALJ was clearly conflicting on these issues of fact. However, there is testimony supporting the ALJ's findings.

Grogan v. KOKH, LLC

256 P.3d 1021 · Court of Civil Appeals of Oklahoma · Mar 16, 2011

"[Claleulated falsehood should enjoy no immunity." Time, Inc. v. Hill, 385 U.S. at 390 , 87 S.Ct. at 548 . … Clearly, that part of the KOKH broadcast containing interviews with parents who stated that Gro-gan threatened to shoot children is protected by this privilege.