Case law

Harber v. Hebco, Inc.

146 P.3d 876 · Court of Civil Appeals of Oklahoma · Oct 3, 2006

Plaintiff was responsible for the computer system from end to end, a computer system that was clearly integral to defendant's general business operations. … For example: If all a [statistician] does, in effect, is to tabulate data, he is clearly not exempt.

In Re Bo

177 P.3d 584 · Court of Civil Appeals of Oklahoma · Oct 5, 2007

. ¶ 8 The trial court recognized that both parties were qualified to adopt B.O. and had loving relationships with him. … Fourth, the court held the preference to place siblings together established in 10 O.S. 2001 § 7202(12) is not binding, because the best interest of each sibling was still the standard. ¶ 12 This court does not discount the

ESCOBEDO v. OKLAHOMA DEPT. OF PUBLIC SAFETY

482 P.3d 22 · Court of Civil Appeals of Oklahoma · Dec 8, 2020

If relief is possible under any set of facts that can be established and are consistent with the allegations, a motion to dismiss should be denied. Miller v. Miller , 1998 OK 24, ¶ 15, 956 P.2d 887. … The record and current regulations clearly show that the documents Ms. Escobar presented were compliant with the requirements of O.A.C 595:10-1-3(c).

Morgan v. Morgan

438 P.3d 837 · Court of Civil Appeals of Oklahoma · Dec 13, 2018

Moreover, there is a question about whether Mother would qualify for any such assistance that is based on a means test. … Dockets are established for administrative purposes. 20 O.S. Supp. 2000, 91.2(A). Thus, there is no jurisdictional conflict between divisions or dockets of the District Court.

Hill v. Independent School District No. 25 of Adair County

73 O.B.A.J. 3062 · Court of Civil Appeals of Oklahoma · Sep 6, 2002

Furthermore, where a career teacher’s misconduct qualifies both as willful neglect of duty (which typically requires admonishment) and as moral turpitude (which does not), it was surely not the intention of the legislature … Her conduct clearly fits the definition of moral turpitude. That conduct was also irremediable; the damage already done.

Choate v. Lawyers Title Insurance Corp.

385 P.3d 670 · Court of Civil Appeals of Oklahoma · Dec 11, 2015

not qualify for coverage under section (2) or (3) of the Title Policy. … It remains in full force unless it is clearly and expressly modified or abrogated by [Oklahoma] constitution or by statute.”)

Whisenant v. Strat Land Exploration Co.

429 P.3d 703 · Court of Civil Appeals of Oklahoma · Apr 10, 2018

(noting that the predominance inquiry "trains on the legal or factual questions that qualify each class member's case as a genuine controversy"). … Royalty reduction might be permissible if the Lease clearly stated where and how the final wellhead royalty value would be determined.

State v. Deborah C.

71 O.B.A.J. 3296 · Court of Civil Appeals of Oklahoma · Oct 31, 2000

Termination of parental rights would be in the best interests of the child. 17 In reviewing Mother's challenge to the sufficiency of the evidence to establish the foregoing, we are guided by the following standard of review … It is well settled that "[where a witness discloses sufficient knowledge to qualify ... as an expert, soundness of [her] conclusions pertains to weight of [her] testimony, rather than to its admissibility and is to be determined

Maxwell v. Faith Transport, LLC

376 P.3d 907 · Court of Civil Appeals of Oklahoma · Nov 23, 2015

Dunkelgod, 2012 OK 96, ¶ 14 , 295 P.3d 1107, 1111-12 ("The date of injury has long been the point in time in workers' compensation cases when rights of the parties become established, including when a claim must be filed; … to suspend benefits should be accorded the full faith and credit due' a judgment under Article IV, § 1, and that Oklahoma is bound by that administrative decision. €18 We reject this argument because TMIC's letter hardly qualifies

Major v. Microsoft Corp.

73 O.B.A.J. 80 · Court of Civil Appeals of Oklahoma · Sep 6, 2002

Absent such an allegation, the rationale behind Illinois Brick clearly applies — the finder of fact would have to apportion the alleged overcharge between the OEMs and the indirect purchasers. … If the legally-required pass-on in UtiliCorp did not qualify as a cost-plus contract, Major’s conclusory allegations of pass-on cannot do so. 4.Plaintiffs Claims of Unique and Direct Injury.

IN RE THE MARRIAGE OF MORGAN

438 P.3d 837 · Court of Civil Appeals of Oklahoma · Dec 13, 2018

Moreover, there is a question about whether Mother would qualify for any such assistance that is based on a means test. … Dockets are established for administrative purposes. 20 O.S. Supp. 2000, 91.2(A).

FIRST UNITED BANK AND TRUST CO. v. Wiley

183 P.3d 1022 · Court of Civil Appeals of Oklahoma · Dec 19, 2007

An order vacating said judgment will not be disturbed on appeal unless it clearly appears that the trial court has abused that discretion, because an application to vacate a judgment, under 12 0.8.2001 § 1081, is addressed … The clear language of the statute qualifies it as a statute establishing a condition on the right to obtain a deficiency judgment.

LMR Oil, LLC v. Frazier

359 P.3d 1169 · Court of Civil Appeals of Oklahoma · May 4, 2015

'A com-pensable injury must be established by objective medical evidence. … A finding of major cause shall be established by a preponderance of the evidence.

Cimarron River Ranch, LLC v. State Ex Rel. Commissioners of the Land Office

261 P.3d 605 · Court of Civil Appeals of Oklahoma · Oct 15, 2010

seeks damages it sustained as a result of CLO's denial of its preference right to purchase. 16 As to Plaintiff's claim that CTE, a lessee of School Trust land, had entered into a sublease with a third party and was not qualified … or hereafter to be established, three hundred thousand acres.

State ex rel. Department of Transportation v. Mehta

180 P.3d 1214 · Court of Civil Appeals of Oklahoma · Feb 11, 2008

Nonetheless, the Trial Court's reference to the "taking" of Property C is clearly and repeatedly qualified. … Nonetheless, the language clearly provides for an appeal of issues related to any jury trial.

Cline v. DaimlerChrysler Co., Corp.

114 P.3d 468 · Court of Civil Appeals of Oklahoma · Mar 4, 2005

The trial court erred in rejecting Plaintiffs fee petition as a whole, where many individual entries therein “are clearly compensable.” Basselen, 341 Ill.App.3d 278 , 275 Ill.Dec. 267 , 792 N.E.2d at 511 . … We agree. ¶ 32 At issue here is whether Plaintiff presented sufficient proof to establish a prima facie Magnuson-Moss case.

Pettit v. Dolese Bros. Co.

68 O.B.A.J. 2701 · Court of Civil Appeals of Oklahoma · May 5, 1997

And, plaintiff offered evidence about other, less qualified employees who were not fired (who also had not filed workers’ compensation claims). Wallace, 850 P.2d at 1059 . … Had the jury answered that question in the negative, clearly it would have been the trial court’s duty to order Pettit reinstated to his former position.

Material Service Corp. v. Rogers County Board of Commissioners

273 P.3d 880 · Court of Civil Appeals of Oklahoma · Aug 18, 2011

Rogers County Com'rs, 2006 OK CIV APP 52 , 136 P.3d 1063 (summary judgment on the tort claims affirmed based on County's immunity under the Oklahoma Governmental Tort Claims Act). ¶ 4 After remand, jury trial on the issue … It would clearly be either a settlement amount or jury verdict, to go beyond this would require the Court to speculate what the parties intended.

In Re Adoption of MCD

42 P.3d 873 · Court of Civil Appeals of Oklahoma · Oct 26, 2001

These three incidents are inadequate to establish that Wife abused her parental authority. … Clearly, this language indicates that the custodial parent need not have provided over half the support in fact.

Garrett v. Gordon

314 P.3d 264 · Court of Civil Appeals of Oklahoma · Jun 12, 2013

Booth, 2008 OK 49, ¶ 10 , 70 P.3d at 859 (facially valid decrees of a district court are immune from collateral attack even if wrong). … Personal Jurisdiction over Ruth The district court's jurisdiction over Ruth in the Divorce Action was clearly established by May 4, 1998, when she filed her answer and counterclaim to Gordon's April 28, 1998 amended petition