Case law

Strong v. Oklahoma Publishing Co.

66 O.B.A.J. 2577 · Court of Civil Appeals of Oklahoma · Jun 20, 1995

At the outset, it might have been arguable that a member of a small school board might not qualify as a public figure because of the lack of the substantial responsibility requirement. … The debate may be whether a night watchman is a public official, but clearly the Plaintiff here meets the test of one who’s position must be one which would invite public scrutiny and discussion of the person holding it,

Oklahoma Transportation Authority v. Turner

183 P.3d 168 · Court of Civil Appeals of Oklahoma · Oct 31, 2007

Such an abuse will be found only where the Trial Court makes a "clearly erroucous conclusion and judgment, against reason and evidence." Bank of Oklahoma v. Portis, 1997 OK CIV APP 32, ¶8 , 942 P.2d 249, 252 . … "Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation

Gonzales v. State

238 P.3d 954 · Court of Civil Appeals of Oklahoma · Mar 31, 2010

(Footnotes omitted.) 110 An appellate court "will not disturb an order which grants or refuses an injunction unless there is a showing the trial court abused its discretion or that the judgment is clearly against the weight … qualified to receive a kennel license.

CARNAHAN v. CHESAPEAKE OPERATING, INC.

347 P.3d 753 · Court of Civil Appeals of Oklahoma · Oct 28, 2014

establish causation. … Johnson , 2006 OK CIV APP 35, ¶ 27 , 134 P.3d 858, 866 , explains: Clearly, and in keeping with the limited jurisdiction of the Corporation Commission, the Oklahoma Supreme Court has recognized that the district courts of

Myers v. Maxey

915 P.2d 940 · Court of Civil Appeals of Oklahoma · Apr 19, 1996

It is the purpose of the Oklahoma Guardianship Act to promote the general welfare of all citizens by establishing a system of general and limited guardian-ships for minors and for incapacitated and partially incapacitated … defendants reached an erroneous conclusion was unsettled at the time the conclusion was reached and was one upon which, as reflected by the opinion rendered therein and evidence that defendants caused to be introduced here, qualified

Smith v. Baptist Foundation of Oklahoma Corp.

71 O.B.A.J. 3266 · Court of Civil Appeals of Oklahoma · Aug 15, 2000

Id. at section 801.11. 125 The legislature was clearly acknowledging that charitable organizations were administering these trusts before 1997. … The trial court would simply appoint a qualified trustee. {33 In conclusion, we hold that the trial court's judgment was erroneous.

Warner v. Hillcrest Medical Center

914 P.2d 1060 · Court of Civil Appeals of Oklahoma · Sep 26, 1995

He alleged these defendants were in charge of establishing and overseeing the procedures used in the blood bank at Hillcrest. … Are you qualified or are you an expert witness in the area of blood banking? A. No. Larson went on in his deposition and expressed criticism of Drs.

C-P Integrated Services, Inc. v. Muskogee City-County Port Authority

215 P.3d 835 · Court of Civil Appeals of Oklahoma · Feb 20, 2009

"If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training … "Damages are certain within the meaning of § 6 if they are liquidated or capable of ascertainment before judgment through calculation by resort to well-established market values" Taylor v. State Farm Fire and Cas.

Grayhorse Energy, LLC v. Crawley Petroleum Corp.

245 P.3d 1249 · Court of Civil Appeals of Oklahoma · Jul 29, 2010

However, a pooling order, or other OCC order, does not immunize the operator, or other parties connected to the pooling order, from lawsuits in the district courts. … However, Woods is clearly distinguishable.

JP Energy Mktg., LLC v. Commerce & Indus. Ins. Co.

412 P.3d 121 · Court of Civil Appeals of Oklahoma · Mar 20, 2017

We will not impose coverage where the policy language clearly does not intend that a particular individual or risk should be covered. BP Am., Inc. v. State Auto Prop. & Cas. Ins. … The scope of services was to be established in task orders from IPS.

THACKER v. WALTON

491 P.3d 756 · Court of Civil Appeals of Oklahoma · Dec 3, 2020

Krimbill , 2018 OK CIV APP 37 , ¶15, 417 P.3d at 1246 . 8 If Thacker establishes his claims in accord with § 1434(C), the next consideration to address would be whether Walton and Singer established by a preponderance of … Under the Supremacy Clause of the Federal Constitution, "[t]he relative importance to the State of its own law is not material when there is a conflict with a valid federal law," for "any state law, however clearly within

McClain v. Ricks Exploration Co.

894 P.2d 422 · Court of Civil Appeals of Oklahoma · May 10, 1994

The reeompletion attempts in the Springer formation failed and by January, 1981, Ricks decided to move uphole to recomplete the well to establish production. … Ricks is clearly an "owner of the right to drill and produce substituted for the first purchaser” under 52 O.S. 1981 , § 540.

GOODWIN v. BLAKE

413 P.3d 894 · Court of Civil Appeals of Oklahoma · Oct 30, 2017

Our prior Opinion clearly stated: Given that the right to use the section line for access is clearly conditioned on equitable principles, we find that the district court was required to inquire into the reasonableness of … This distinction was clearly drawn in the case of Hummel v. State , supra.

Mireles v. State

276 P.3d 1088 · Court of Civil Appeals of Oklahoma · Mar 30, 2012

Clearly, only the judge who issued the 2010 Protective Order had authority to decide its validity. … Thus, at least to the 2010 Protective Order, the record does not establish any surprise of its existence.

Gregory v. Grove

547 P.2d 400 · Court of Civil Appeals of Oklahoma · Sep 2, 1975

far as the State of Oklahoma is concerned, we must apply the “minimum contacts” test and we must also consider whether or not the maintenance of a suit based thereon does not offend “traditional notions of fair play and established … advertisements in the yellow pages of the Tulsa telephone directory do not constitute solicitation of business, the correspondence between the appellant and the appellees which was generated by the advertisement referred to above, clearly

STRIPLING v. DEPT. OF PUBLIC SAFETY

486 P.3d 21 · Court of Civil Appeals of Oklahoma · Sep 16, 2020

Clearly erroneous in view of the reliable, material, probative and substantial competent evidence; 6. Arbitrary or capricious; 7. Procured by fraud; or 8. Missing findings of fact on issues essential to the decision. … which the issue could be reasonably resolved," and "[i]n cases before the Commission involving the testimony of expert witnesses, a factual finding is supported by substantial evidence when the evidence is offered by a qualified

Isle v. Brady

288 P.3d 259 · Court of Civil Appeals of Oklahoma · Oct 4, 2012

reasonable compensation "taking into consideration 'the services rendered and the responsibilities assumed. " T 32 In the absence of trust terms or statutory provisions setting compensation guidelines, Oklahoma law is not well-established … Id. at 111 , 65 P.3d at 599 (quoted citation omitted). 142 Mike asserts Loeber qualifies as an expert under the Daubert standard.

PTS Healthcare, Inc. v. Mid-Century Insurance Co.

171 P.3d 924 · Court of Civil Appeals of Oklahoma · Sep 26, 2007

The statute is clearly a provision for protection of the public and has no application to persons with doctoral degrees in other professions. … In other words, only an individual, and no other entity, could qualify for a Section 46 lien under the Majority's interpretation. ¶ 4 Section 46 is to be liberally construed.

CHARLES SANDERS HOMES v. COOK & ASSOCIATES

465 P.3d 1278 · Court of Civil Appeals of Oklahoma · May 14, 2020

matter and promising to make a fair and impartial estimate of the real value of the property; (3) There is no evidence that any of the three individuals appointed by the sheriff was a professional appraiser or otherwise qualified … Id. ¶22 Oklahoma's statutory procedure clearly authorizes the sheriff to sell the property for two-thirds of the value reported by the three individuals appointed by the sheriff. 12 O.S.2011 § 762.

Hurlbut v. Morrow

73 O.B.A.J. 2511 · Court of Civil Appeals of Oklahoma · Aug 9, 2002

The findings and determination of a court in equity will not be reversed unless clearly against the weight of *461 the evidence. McClain v. … This is, however, a mere assertion by Morrow because he fails to direct us to other evidence of record to establish that hunting quality increased the property's value.