Case law

WELLS FARGO BANK v. APACHE TRIBE OF OKLAHOMA

2015 OK CIV APP 10 · Court of Civil Appeals of Oklahoma · Apr 4, 2014

As previously discussed, Santa Clara Pueblo established the rule for determining when Congress has waived a tribe's immunity from suit. … Ct. at 1705 (inherent in a sovereign's immunity from suit is the power to waive that immunity). Further, the record in this case establishes that the Tribe has, on occasion, exercised its power to waive that immunity.

Wiles v. Grace Petroleum Corp.

671 P.2d 682 · Court of Civil Appeals of Oklahoma · Oct 21, 1983

Because Western does not qualify as his section 11 employer, it has no secondary liability to answer in compensation. … Diggs, 16 the Oklahoma Supreme Court stated that allegations showing a failure to exercise reasonable care which increase the risk of harm are sufficient to establish liability.

Estate of King v. Wagoner County Board of County Commissioners

146 P.3d 833 · Court of Civil Appeals of Oklahoma · Jul 25, 2006

The writings by themselves fail to establish agency; they leave the precise legal status in a clouded or inconclusive state. … its probative value. 137 Arguing that Todd Sharp was not qualified, KTUL emphasizes that Sharp had never testified or been qualified before any court in the United States as an expert witness, and he holds a degree in general

IN THE MATTER OF THE DEATH OF TAYLOR

343 P.3d 219 · Court of Civil Appeals of Oklahoma · Sep 26, 2014

As previously discussed, Santa Clara Pueblo established the rule for determining when Congress has waived a tribe's immunity from suit. … Ct. at 1705 (inherent in a sovereign's immunity from suit is the power to waive that immunity). Further, the record in this case establishes that the Tribe has, on occasion, exercised its power to waive that immunity.

Harting v. Benham Engineering Company

519 P.2d 932 · Court of Civil Appeals of Oklahoma · Jan 29, 1974

The court further held that immunity extended to the architects because they were the agents of the primary employer (Rockwell) who was immune from common law liability. … Any acts of negligence were, therefore, directly attributable to Rockwell which we have held to be immune from the asserted liability.”

Edelen v. Board of Commissioners

266 P.3d 660 · Court of Civil Appeals of Oklahoma · Jul 13, 2011

functions, shall be immune from liability for torts." 51 0.98.2001 § 152.1(A). … There were no facts in that case establishing that any defective county policy or custom resulted in the denial of medical care, or that the sheriffs established policy for Crowell was defective.

GJA v. Oklahoma Department of Human Services

347 P.3d 310 · Court of Civil Appeals of Oklahoma · Mar 3, 2015

To do so would not only fail to conform to established precedent which refused to construe the OGT-CA as providing blanket immunity, but would also render the Constitutional protections afforded the citizens of this State … T 37 According to the petition, the children were not in the custody of DHS so as to implicate their clearly established constitutional right to be reasonably safe from harm when placed in the state's custody. 15 The employees

First Bank & Trust v. Maynahonah

313 P.3d 1044 · Court of Civil Appeals of Oklahoma · Oct 14, 2013

It observed that no resolutions of the Board established generally applicable tribal ageney principles. … Those cases clearly do not stand for the proposition that no action "by any tribal entity" 29 is needed to confer authority upon another to waive the Tribe's immunity.

Goss v. Oklahoma Blood Institute

856 P.2d 998 · Court of Civil Appeals of Oklahoma · May 23, 1990

[While] the Louisiana Constitution prohibits the granting of special immunity for “any corporation, association or individual,” ... as long as a privilege or immunity “operates equally and fairly to those who engage in like … Because the Oklahoma blood shield statute treats all within the “transaction” of supplying blood and/or blood products equally and without discrimination, and affords all within the “transaction” a qualified immunity, i.e

GJA v. OKLAHOMA DEPT. OF HUMAN SERVICES

347 P.3d 310 · Court of Civil Appeals of Oklahoma · Mar 3, 2015

To do so would not only fail to conform to established precedent which refused to construe the OGTCA as providing blanket immunity, but would also render the Constitutional protections afforded the citizens of this State … Inman , 1971 OK 32, ¶ 30, 482 P.2d 927, 937. ¶37 According to the petition, the children were not in the custody of DHS so as to implicate their clearly established constitutional right to be reasonably safe from harm when

Waldrop v. Hennessey Utilities Authority

348 P.3d 213 · Court of Civil Appeals of Oklahoma · Oct 2, 2014

been abandoned in Oklahoma, and "governmental immunity must now be established statutorily." … establish abandonment of the street."

Holt v. State Ex Rel. Oklahoma Department of Transportation

67 O.B.A.J. 3447 · Court of Civil Appeals of Oklahoma · Aug 20, 1996

State acknowledged sovereign immunity for torts committed by its employees had been generally waived by 51 O.S.1991 § 152.1, but asserted it retained immunity under the facts here in accordance with the exemptions from waiver … Even more clearly, the exempt “temporary or natural conditions on any public way or other public place” must expressly be due to weather conditions.

Roberson v. Jeffrey M. Waltner, M.D., Inc.

76 O.B.A.J. 762 · Court of Civil Appeals of Oklahoma · Jan 14, 2005

In her affidavit she stated she had obtained a written opinion from a qualified expert that clearly supported a finding the acts or omissions of the health care providers against whom the action was brought constituted professional … expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies tire plaintiff and includes the expert’s determination that, based upon a review of the available medical records, facts

Garst v. University of Oklahoma

73 O.B.A.J. 174 · Court of Civil Appeals of Oklahoma · Oct 19, 2001

Garst asserts (1) that the University clearly promised her disability insurance and retirement benefits, (2) that it was foreseeable she would rely on the University's erroneous representation regarding her disability policy … CONCLUSION {14 On de novo review, we find that no relief is possible under any set of facts that could be established consistent with the allegations of Garst's petition.

Davis v. Cherokee Nation Enterprises

76 O.B.A.J. 40 · Court of Civil Appeals of Oklahoma · May 25, 2004

Employer argued it was immune from litigation, absent an express waiver of sovereign immunity by the tribe or Congressional action permitting the suit. … Sanders, No. 99,485 at 8.09 ‘ {13 Based on the rationale set forth in Sanders, and after examination of the record presented, including the policy of insurance, this Court finds the workers' compensation court clearly erred

Krimbill v. Talarico

439 P.3d 447 · Court of Civil Appeals of Oklahoma · Jul 3, 2018

Further, the Act states that it will not "abrogate or lessen any other defense, remedy, immunity or privilege available under other constitutional, statutory, case or common law or rule provisions." OCPA § 1440. … One aim of the OCPA is clearly to provide a quick and simple process for weeding out meritless suits in the early stages of litigation.

J.W. v. INDEPENDENT SCHOOL DISTRICT NO. 10 of DEWEY COUNTY

2021 OK CIV APP 34 · Court of Civil Appeals of Oklahoma · Aug 12, 2021

In this context, the word "law" clearly refers to any legislative enactment. The statute also defines "law" to include any "written policy." 51 O.S.2011 § 155(4). … Nonetheless, those cases establish a general principle.

Panhandle Producers & Royalty Owners Ass'n v. Oklahoma Tax Commission

162 P.3d 960 · Court of Civil Appeals of Oklahoma · Jul 2, 2007

Summary judgment is appropriate where the record establishes no substantial controversy of material fact and the prevailing party is entitled to Judgment as a matter of law. Brown v. … The court determined only that such loss established the nonresidents' status as parties adversely affected for standing purposes.

Strock v. City of Lawton

67 O.B.A.J. 1279 · Court of Civil Appeals of Oklahoma · Mar 5, 1996

established in the Political Subdivision Tort Claims Act, Section 151 et seq. of Title 51 of the Oklahoma Statutes. … However, the emphasized language waives that immunity “to the extent of liability expressly and directly established” by the Act.

Armstrong v. Carr

74 O.B.A.J. 2901 · Court of Civil Appeals of Oklahoma · May 20, 2003

The eviden-tiary materials clearly establish that Glover's trade/business was not so limited. … CONCLUSION € 27 Upon application of the Bradley analysis to the undisputed material facts of this case, we find that Glover established its entitlement to an immunity defense under see-tions 11 and 12 of the Workers' Compensation