Case law

CITY OF BROKEN ARROW v. SNYDER

436 P.3d 748 · Court of Civil Appeals of Oklahoma · Aug 8, 2018

In other words, the weight that the trial court chose to afford to the IME's report was influenced by the IME's qualified opinion. ¶22 All three reports are competent evidence in the sense that they are admissible and no … In other words, when evidence is objected to as lacking in probative value, the issue is whether it is probative of the elements it seeks to establish once admitted." Lacy v.

Howard v. ACI DISTRIBUTION SOUTH

229 P.3d 565 · Court of Civil Appeals of Oklahoma · Nov 12, 2009

First, is the witness "qualified as an expert by knowledge, skill, experience, training or education." 12 0.8.2001 § 2702. … For example, lie detector evidence from an expert test administrator although clearly probative of facts in issue is nonetheless inadmissible because the reliability of the test has not been scientifically established.

KEEVER v. BIG LOTS STORES, INC.

2015 OK CIV APP 91 · Court of Civil Appeals of Oklahoma · Sep 30, 2015

also alleged Big Lots acted in reckless disregard of her rights and with full knowledge of the severe adverse consequences of its actions upon her and requested punitive damages in excess of $75,000.00. ¶7 Big Lots filed a qualified … Trinidad's September 10, 2009 medical report, Bishop clearly supports consideration by the trial court of all medical evidence relevant to the § 5(C) defense that the employee is physically unable to perform assigned duties

Varbel v. Varbel

321 P.3d 1012 · Court of Civil Appeals of Oklahoma · Feb 14, 2014

Consequently, we conclude the record does not support an assertion the Decree established joint custody. … However, Father did qualify his plan as an "initial" one, subject to revision.

Oltman Homes, Inc. v. Mirkes

190 P.3d 1182 · Court of Civil Appeals of Oklahoma · May 23, 2008

Once the legal right to a fee is established, the amount awarded, if any, is discretionary with the trial court,. … Clearly, the jury awarded more than the evidence supports.

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.

Porter v. Comstock ex rel. Department of Human Services

298 P.3d 1203 · Court of Civil Appeals of Oklahoma · Feb 15, 2013

In the Guidelines the commentary to section 1915 of ICWA states: “The Act clearly recognizes the role of the child’s extended family in helping to raise children. … by testimony of a qualified expert witness; (iii) The unavailability of suitable families for placement.”

NIEMI v. CITY OF TULSA

2016 OK CIV APP 17 · Court of Civil Appeals of Oklahoma · Feb 19, 2016

The evidentiary materials undisputedly establish the Tulsa County Democratic Party and the Tulsa County Republican Party as the governing bodies of their respective political parties in the City of Tulsa. ¶16 Even so, there … Thus, and even if the Commissioners were not, in fact, appointed by the governing boards of the respective County political parties, the appointees clearly acted in the good faith belief they were properly appointed, and

Swift v. Service Chemical, Inc.

310 P.3d 1127 · Court of Civil Appeals of Oklahoma · Sep 10, 2013

that SCI does not sell or distribute any chemical products that qualify as an "explosive" as defined by the federal Bureau of Alcohol, Tobacco and Firearms (ATF), even if SCI's customer uses the chemicals to make explosives … Scarecrow kit in order to assure an explosion, to include a warning specifying how far away to stand and what to anticipate-and to further assure that the product as sold fell outside the regulatory power of ATF-indicates clearly

SUBURBAN REALTY CO. v. CANTLEY

495 P.3d 1205 · Court of Civil Appeals of Oklahoma · May 27, 2021

The Court has qualified this ruling, however. … The all-inclusive language in paragraph D.1. is clearly a mistake as our analysis concludes.

Eimen v. Eimen

131 P.3d 148 · Court of Civil Appeals of Oklahoma · Nov 18, 2005

. ¶ 9 The trial court’s decision regarding custody will not be disturbed on appeal unless it is clearly against the weight of the evidence or an abuse of discretion. Daniel v. … "The evidentiary requirements for a change of a permanent custody order are well established.” Fox v. Fox, 1995 OK 87 , ¶ 7, 904 P.2d 66, 69 .

Rosson v. Coburn

65 O.B.A.J. 1987 · Court of Civil Appeals of Oklahoma · Feb 15, 1994

This evidence, taken in the light most favorable to Rosson, was sufficient to establish a cause of action for medical malpractice. … The Medicaid Act is an administrative scheme providing medical assistance benefits to qualified recipients through states, implying no private right of action. Chalfin v.

Sholer v. STATE EX REL. DPS

990 P.2d 294 · Court of Civil Appeals of Oklahoma · Mar 29, 1999

and that individual actions would be uneconomical, making a class action superior to any other method for fair and efficient adjudication of the controversy; 4) the attorneys for Sholer, et al. have shown themselves to be qualified … Additionally, where a state voluntarily becomes a litigant, it waives sovereign immunity and may be assessed costs as a private litigant would. 72 A.L.R.2d § 6.

Sanders v. State

62 O.B.A.J. 2022 · Court of Civil Appeals of Oklahoma · May 14, 1991

In the meantime, DHS had implemented a service plan and monitored the mother’s compliance with standards of conduct established by the court in Oklahoma County with regard to the two older children. … whether the child, because of exceptional circumstances, should remain in foster care on a long-term basis as a permanent plan.” 10 At each review hearing: “The Department shall cause to be prepared ... a written report by a qualified

Cantrell v. United States Soccer Federation

67 O.B.A.J. 2988 · Court of Civil Appeals of Oklahoma · Jun 25, 1996

To qualify as a national governing body, the sports organization must provide procedures for the “prompt and equitable resolution of grievances of its members”. 36 U.S.C. § 391 (b)(ll). … sister court, the Appellate Division of the Superior Court of New Jersey, has contemplated the foregoing provisions of the Act and held: The comprehensive provisions for arbitration, as well as the legislative history, clearly

Rocket Oil and Gas Co. v. Donabar

127 P.3d 625 · Court of Civil Appeals of Oklahoma · Nov 28, 2005

If Plaintiffs were claiming MRT to the fee simple title to the subject property, then the fee conveyance by the 1926 warranty deed might qualify as their root of title. … Although this deed clearly meets the Act’s definition of a “root of title” for Plaintiffs’ chain, whether it is the “root of title” which establishes MRT to the minerals in Plaintiffs sufficient to extinguish Defendant’s

Mullendore v. Mullendore

288 P.3d 948 · Court of Civil Appeals of Oklahoma · Sep 24, 2012

Id. 119 , 237 P.3d at 156 . 4 Clearly, the district court made that determination twice in this case. However, the district court's ruling on Father's initial request is not included in the record. … Father correctly cites the controlling authority: In matrimonial cases, attorney fee awards do not "depend on one's status as prevailing party in the case, [and] must be granted only to that litigant who qualifies for the

Wells Fargo Bank, N.A. v. Taylor

417 P.3d 1212 · Court of Civil Appeals of Oklahoma · Mar 9, 2018

Thus, Plaintiff satisfied its burden of establishing standing when it filed its foreclosure petition. See Toxic Waste Impact Group, Inc. v. … We find that, in this case, the contract is ambiguous if the named mortgagee does not qualify as a mortgagee pursuant to Oklahoma law.

State v. D.N.

74 O.B.A.J. 1779 · Court of Civil Appeals of Oklahoma · Apr 29, 2003

The testimony clearly supported State’s characterization of Mother as unable or unwilling to care for Children and of having a history of being involved with abusive partners to whom Mother turned over responsibility for … The Court held that such evidence was cumulative and unnecessary to establish certain elements of the State’s case.

Edwards v. Urice

75 O.B.A.J. 3061 · Court of Civil Appeals of Oklahoma · May 28, 2004

Therefore, the first element of § 17.1 was clearly established. … We deem an exercise by "written instrument" to be tantamount to an exercise "by deed" as those terms are defined above. 17 Here, the Bowers Trust was executed by Bowers, acknowledged and notarized and thus qualifies as a