Case law

Walters v. STATE EX REL., TAX COM'N

935 P.2d 398 · 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.

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

NELSON v. AMERICAN HOMETOWN PUBLISHING, INC.

333 P.3d 962 · Court of Civil Appeals of Oklahoma · Feb 24, 2014

The principle affords legal immunity for comment by any and all members of the public and extends to virtually all matters of legitimate public interest. Its purpose is to promote the free and open exchange of ideas." … The exercise of ordinary care may be established by evidence of the custom and practice in the print media or newspaper business. Id.

Lester v. Smith

198 P.3d 402 · Court of Civil Appeals of Oklahoma · Oct 20, 2008

actually noticed, saw or was aware of the defect, where the buyer conducted an unimpeded inspection of the property. . another purpose of the Act is limiting the remedy available to a buyer and providing a certain amount of immunity … These latter acts clearly contemplate an existing claim being barred, classic statutes of limitations, and thus allow application of the discovery rule.

Dubuc v. Sirmons

75 O.B.A.J. 881 · Court of Civil Appeals of Oklahoma · Oct 21, 2003

The propositions in support of dismissal range from failure to exhaust administrative remedies to qualified and Eleventh Amendment immunities from suit. … Oklahoma Dept. of Corrections, 2001 OK 95, ¶ 1 , 37 P.3d 872, 873 . .The 1998 date is clearly a typographical error.

Crain v. National American Insurance Co.

73 O.B.A.J. 2347 · Court of Civil Appeals of Oklahoma · Jul 9, 2002

However, the Supreme Court clearly held that a Burk tort *1039 lies only where the employer's wrongful discharge of an at-will employee is for refusing to act in violation of an established and clearly-defined public policy … information to the outside auditors to assist the auditors' determination of NAI-CO's financial stability, and that his failure to do so could have lead to a criminal charge against him.* 4 1 15 NAICO asserts Crain does not qualify

Green v. Konawa Independent School District

76 O.B.A.J. 543 · Court of Civil Appeals of Oklahoma · Oct 19, 2004

The issue was whether Section 155(20) provided governmental immunity for school-sponsored athletic contests which were not interscholastic athletic contests. … In each of the three cited eases the injured child was clearly participating in an athletic contest on school property.

Travelers Property Casualty Corp. v. Jim Walter Homes, Inc.

69 O.B.A.J. 2060 · Court of Civil Appeals of Oklahoma · Jan 20, 1998

Significantly, the court qualified its holding: The only issue presented here is whether or not the doctrine of collateral estoppel may be applied defensively. … The court noted that “[t]he only issue clearly decided in the arbitration proceeding was whether the contractor -was entitled to damages from the [project owner] pursuant to the ... construction contract.”

Robertson v. LaCroix

534 P.2d 17 · Court of Civil Appeals of Oklahoma · Apr 17, 1975

Hanson, Okl., 415 P.2d 991 , at page 995, if the origin of the injury is subjective or obscure and not readily apparent to a layman or if there are several equally probable causes of the condition, testimony of a qualified … Plaintiff’s expert medical testimony established that if her injury was caused by an embarrassment of her blood circulation, which is clearly not attributable to any negligence on the part of the defendant, it would have

In Re Estate of Gentry

75 O.B.A.J. 1510 · Court of Civil Appeals of Oklahoma · Jan 23, 2004

Separate evidence of paternity is a requirement where legitimacy is being established by open or public acknowledgment. … established a prima facie case of testamentary capacity.

Taylor v. Cache Creek Nursing Centers

891 P.2d 607 · Court of Civil Appeals of Oklahoma · Nov 15, 1994

Plaintiff, to qualify under section 5, must demonstrate a prima facie case under Buckner v. … Based on the above, plaintiff has clearly met the first three elements of the test.

Henderson v. State ex rel. Board of Review

71 O.B.A.J. 1347 · Court of Civil Appeals of Oklahoma · Sep 7, 1999

Clearly, this conclusion is factually and legally erroneous. … Thus, the Court ruled that the jobs were adversely affected by imports in a manner to qualify under the Trade Act for eligibility to apply for benefits. IV.

Barton v. City of Midwest City

257 P.3d 422 · Court of Civil Appeals of Oklahoma · Mar 1, 2011

The Commissioners were instructed to value the property as of October 12, 2004. {22 Clearly, the plaintiffs may have been damaged as a result of the eviction and demolition of the structures. … Defendants do not claim immunity. 7 . Section 152 has been amended but the definition has not been changed. 8 .

Breed v. Federal Moving & Storage, Inc.

64 O.B.A.J. 363 · Court of Civil Appeals of Oklahoma · Dec 22, 1992

We have reviewed the joint narrative statement and hold that the trial court’s findings are not clearly contrary to the weight of the evidence. … Federal also contends that Breed failed to carry his burden of proof to establish Federal as a “qualified insurer of all goods delivered to it” under the provisions of Oklahoma’s common carrier statutes, 13 O.S.1991 §§ 1

BMB Aircraft, LLC v. Oklahoma Tax Commission

369 P.3d 60 · Court of Civil Appeals of Oklahoma · Feb 18, 2016

To have at least some "persuasive value, the administrative construction must have been reasonable and not clearly wrong. … Even viewing the facts in a light most favorable to BMB, the aircraft in question "does not clearly come within the meaning of the language used," Am.

STATE v. SHADE

2017 OK CIV APP 68 · Court of Civil Appeals of Oklahoma · Nov 16, 2017

Hence, § 18 merely sets forth who qualifies to file a motion for expungement. … Nevertheless, a petitioner must establish that "one of the § 18 circumstances is shown to exist," and only then is "a prima facie showing of harm . . . made." Holder , ¶ 5 .

Hess v. Volkswagen of America, Inc.

221 P.3d 132 · Court of Civil Appeals of Oklahoma · Sep 21, 2009

Id. 121 The Sugarman holding is clearly inconsistent with Oklahoma law. … Clearly, all potential class members will prove their core liability claims using the same legal theory and evidence.

Wallace v. Transport Life Insurance Co.

841 P.2d 613 · Court of Civil Appeals of Oklahoma · Feb 25, 1992

Rule 72 was promulgated by the State Insurance Commissioner pursuant to 36 O.S.Supp. 1990 § 3611(B)(4) which reads: The department [Insurance Commission] shall adopt rules and regulations which establish minimum standards … The Plan clearly provides for a reduction of disability payments as a result of Social Security benefits, if a claimant is entitled to Social Security.

Fulton v. People Lease Corp.

241 P.3d 255 · Court of Civil Appeals of Oklahoma · Mar 5, 2010

Intentional conduct "when done without just cause or excuse," as required for a malicious wrong claim, clearly equates to conduct that is "not justifiable." … Even though the latter individual clearly had no authority to hire, fire, demote, or discipline the other lifeguards, the U.S.

Campbell v. Hunt JB Transport Services

73 O.B.A.J. 1163 · Court of Civil Appeals of Oklahoma · Feb 12, 2002

The court then concluded: "['TJhe limitation clearly serves one of the specified goals of the Workers' Compensation Act. … For those employees who do not have a relationship with a doctor, they can simply choose to participate in the plan and have a choice of qualified doctors.