Case law

Floyd v. National Steel Corp.

629 P.2d 1292 · Court of Civil Appeals of Oklahoma · Mar 17, 1981

The rule automatically establishes a briefing time cycle and permits the court to timely rule on the motion. It is merely an administrative device which may not be used to circumvent a statutory right to appeal. … The court declared Sun a secondary employer, thus immune by reason of the Act. The decision turned on the fact that Sun maintained and operated its own fleet of trucks for delivery of its own products.

VANGUARD BUILDERS, INC. v. GRANITE RE, INC.

348 P.3d 1093 · Court of Civil Appeals of Oklahoma · Nov 25, 2014

Fidelity & Guaranty Co., 1970 OK 121 , 471 P.2d 883 , 'and appeared to reaffirm that a claim of immunity from recovery pursuant to the limitation period was subject to claims of waiver and estoppel. … Vanguard's right to payment or any amount due is not yet established, nor is LWCC's exact status as the main contractor.

Mantha v. Liquid Carbonic Industries, Inc.

63 O.B.A.J. 3229 · Court of Civil Appeals of Oklahoma · Mar 17, 1992

The findings of the arbitrator were clearly irregular and have no binding effect in this litigation. … This is clearly not a correct assessment of the law. The Workers’ Compensation Act provides a cause of action which would not otherwise exist, and § 6 was added to qualify the damages available.

Matter of Conservatorship of Goodman

766 P.2d 1010 · Court of Civil Appeals of Oklahoma · Nov 29, 1988

Under the strict standard applied in such cases, the state bears the burden of establishing, not only that it has a compelling interest which justifies the law, but that the distinctions drawn by the law are necessary to … As that Court stated: Reading these provisions as a whole it is clearly intended that a way be provided to facilitate the handling of the property of a ward when the ward is precluded from doing so by physical disabilities

WILEY v. GRAY TELEVISION

2024 OK CIV APP 16 · Court of Civil Appeals of Oklahoma · Dec 7, 2023

The statutory comment-and-criticism privilege , on the other hand, affords legal immunity for the expression of opinion on matters relating to official proceedings. … Regarding the article's extract from the attorney general's brief, the Court stated the publication of the extract "comes clearly within the third subdivision of our statute, and was a privileged publication, provided it

Koppitz v. Chesapeake Energy Corp.

421 P.3d 319 · Court of Civil Appeals of Oklahoma · Mar 9, 2018

Particularly, Defendants alleged they had confessed their violation of federal antitrust law and cooperated with the investigation conducted by the United States Department of Justice, Anti-Trust Division, which qualified … It is well established that federal antitrust law does not preempt the assertion of antitrust claims under parallel state antitrust law.

Sturgeon v. Retherford Publications, Inc.

70 O.B.A.J. 2490 · Court of Civil Appeals of Oklahoma · Jun 15, 1999

However, even if we assume for purposes of argument that Noerr-Pennington would apply, the doctrine does not provide absolute immunity from civil liability for defamation. … The court in Gaylord further held: The political process of popular lawmaking is clearly the subject of the petitioners’ news articles and editorials....

Pharmcare Oklahoma, Inc. v. State Health Care Authority

152 P.3d 267 · Court of Civil Appeals of Oklahoma · Aug 29, 2006

On appeal, the parties disagree on who determines what services, in this instance the provision of medication, qualify as medically necessary. 122 One of the express purposes of the Medicaid Act is to enable "each state, … or disabled individuals, whose income and resources are insufficient to meet the costs of necessary medical services ...." 42 U.S.C. § 1896 (emphasis added). 1 23 The Medicaid Act requires participating states to provide qualified

White v. City of Del City

270 P.3d 205 · Court of Civil Appeals of Oklahoma · Sep 30, 2011

City contends that it cannot be held liable for any intentional or unintentional misrepresentations because it is immune from suit for such claims pursuant to the Governmental Tort Claims Act, 51 0.8.2001 and 0.8. … Finding that the City is immune from suit for defamation, we decline to address City's argument that there can be no viable action for defamation when the publication originates with the claimant, rather than a third party

Womack v. Schmidt

74 O.B.A.J. 3159 · Court of Civil Appeals of Oklahoma · Sep 19, 2003

As in D.M.J., ICWA did not apply to the Womaeks' request to adopt B.R.W. without Mother's consent because they are clearly not attempting to "break-up an Indian family" nor attempting to interrupt the "continued custody" … Section 1912(f) of the ICWA provides: No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified

ALFALFA ELECTRIC COOPERATIVE, INC. v. MID-CONTINENT CASUALTY COMPANY

350 P.3d 1276 · Court of Civil Appeals of Oklahoma · Dec 19, 2014

[or] to establish or create (something unwanted) in a forceful way." Webster's Third International Dictionary, p. 1186. … This language is clearly inapplicable to the facts of this case. 7 .

Lloyd v. State ex rel. Oklahoma Tax Commission

72 O.B.A.J. 1219 · Court of Civil Appeals of Oklahoma · Mar 9, 2001

The Chickasaw Nation Court acknowledged Indian tribes and their members were generally immune from state taxation, but, citing Sac and Fox Nation, supra, found this rule did not apply outside Indian Country. … Basing a decision on that contention would require gross speculation. 1 13 OTC's determination is founded in the rule clearly set forth in Chickasaw Nation, and Lloyds effectively stipulate to facts which support applying

City of Coweta v. Doughten

264 P.3d 135 · Court of Civil Appeals of Oklahoma · Jun 22, 2011

Consequently, City is not required to establish a board of review. … City has qualified for this exception, through the CBA.

Hollis v. STATE EX REL. DPS

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.

Smith v. State

315 P.3d 1030 · Court of Civil Appeals of Oklahoma · Oct 31, 2013

As a transitive verb in § 1922's third option, "restore" means "to bring back to a former and better state; to re-establish after interruption; to return after having been taken away." … The restoration of each mother's custodial rights clearly did not occur in this proceeding.

DAVIS v. OKLAHOMA DEPARTMENT OF CORRECTIONS

2016 OK CIV APP 23 · Court of Civil Appeals of Oklahoma · Mar 14, 2016

A constitutional right to travel is "fundamental," and one that has been "firmly established and repeatedly recognized." United States v. Guest , 383 U.S. 745, 757-58, 86 S. Ct. 1170, 1178 (1966). … In addition, Davis was not given the opportunity to amend his petition to more clearly assert this claim.

Kohli v. Oklahoma State Bureau of Investigation

335 P.3d 275 · Court of Civil Appeals of Oklahoma · Aug 20, 2014

T8 "When an individual establishes that one of the § 18 'cireumstances is shown to exist, a prima facie showing of harm is made.'" Holder, 2009 OK CIV APP 1, ¶ 5 , 219 P.3d at 564 . (Emphasis original.) … Court of Criminal Appeals' construction of $ 18 in Howrey-to permit expungement where no "charges for the accusation made at arrest" are filed-irreconcilably conflicts with the plain language of § 18(5) as now written, and clearly

Sicking v. Sicking

996 P.2d 471 · Court of Civil Appeals of Oklahoma · Aug 27, 1999

Gorham, 1984 OK 90 , 692 P.2d 1375 . ¶ 18 Clearly, Mother disagrees with the trial court’s assessments of some of the evidence. … Attorney fees must be granted only to litigants who qualify for the benefit through the process of a judicial balancing of the equities. ¶ 25 There is no abuse of discretion in requiring Mother to pay the attorney fees she

Howell v. Ballard

61 O.B.A.J. 3225 · Court of Civil Appeals of Oklahoma · Oct 23, 1990

The test to establish the existence of an investment contract requires 1) an investment of money or money’s worth; 2) in a common enterprise; 3) with the expectation of a profit; 4) to be made through the management and control … a legend is placed on the certificate or other document evidencing ownership of the security, stating that the security is not registered under the act and that the security cannot be resold without being registered or qualified

Cartwright v. Atlas Chemical Industries, Inc.

593 P.2d 104 · Court of Civil Appeals of Oklahoma · Mar 22, 1979

In order to establish a prima facie case in manufacturers’ products liability under Kirkland v. … clearly appears that the discretion has been abused.”