Case law

Kurtz v. Clark

290 P.3d 779 · Court of Civil Appeals of Oklahoma · Oct 16, 2012

Maldonado, 480 A.2d 779 , 784 (Del.1981). 12 Although a non-corporate defendant has standing to raise the business judgment rule as a defense, the demand requirement does not exist as a shield of immunity for defendants. … 97 , 111 S.Ct. 1711, 1716 , 114 L.Ed.2d 152 (1991) ("In our view, the function of the demand doctrine in delimiting the respective powers of the individual shareholder and of the directors to control corporate litigation clearly

Depew v. Depew

73 O.B.A.J. 936 · 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.

RIPP v. OKLAHOMA COMMUNICATIONS SYSTEMS

2023 OK CIV APP 3 · Court of Civil Appeals of Oklahoma · Apr 22, 2022

Those findings are clearly supported by the Plaintiffs' allegations and the clear weight of the evidence produced at the class certification hearing. ¶18 For example, Plaintiffs allege that TDS was "not able to handle the … The court also found that "one defense of [TDS] is 'up to' is anything 'up to' the amount stated and even near zero qualifies as 'up to.'"

EDWARDS v. INVESTRUST

487 P.3d 837 · Court of Civil Appeals of Oklahoma · Mar 24, 2021

The Agreed Judgment states that "Jackson Hole Trust Company is experienced in trust administration, duly qualified and able to administer this Oklahoma trust," and that, "[u]pon transfer of all of the assets of the trust, … determined by the Trustee, any property to or from the estate of the Settlor," to "improve, repair, lease, grant options on, or deal in any like manner with any real estate comprising a part of the trust estate," and to establish

In Re BC

15 P.3d 8 · Court of Civil Appeals of Oklahoma · Oct 31, 2000

. ¶ 7 In reviewing Mother's challenge to the sufficiency of the evidence to establish the foregoing, we are guided by the following standard of review: "In a termination proceeding tried to a jury, the verdict of the jury … It is well settled that "[w]here 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

ANATOLIA RESTAURANT v. BURTON

509 P.3d 72 · Court of Civil Appeals of Oklahoma · Mar 4, 2022

In response to claimant's application for change of physician, [Employer] shall designate three (3) physicians qualified to treat claimant's injured LEFT KNEE on a CC Form 10A within twenty (20) days of the date of this order … 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.

JOHNSON v. BROWN

2024 OK CIV APP 18 · Court of Civil Appeals of Oklahoma · Mar 27, 2024

The Stock Restriction Agreement, adopted in December of 1990, clearly states that the shareholders only included the Original Shareholders. … For example, in In re Osteopathic Hospital Association of Delaware 195 A.2d 759, 762 (Del. 1963), the Court explained that Delaware "courts have long held that bylaws may be amended or established by custom or by acquiescence

RIPP v. OKLAHOMA COMMUNICATIONS SYSTEMS

2023 OK CIV APP 3 · Court of Civil Appeals of Oklahoma · Apr 22, 2022

Those findings are clearly supported by the Plaintiffs' allegations and the clear weight of the evidence produced at the class certification hearing. ¶18 For example, Plaintiffs allege that TDS was "not able to handle the … The court also found that "one defense of [TDS] is 'up to' is anything 'up to' the amount stated and even near zero qualifies as 'up to.'"

CHRIST'S LEGACY CHURCH v. TRINITY GROUP ARCHITECTS

417 P.3d 1223 · Court of Civil Appeals of Oklahoma · Mar 19, 2018

[Trinity] is a firm qualified and interested in performing architectural work for [Plaintiff]. I feel confident that no other firm combines the qualities of integrity and experience as effectively as [Trinity]. … regard, especially when viewing the facts in the light most favorable to the nonmovant. 15 For purposes of determining whether summary judgment was properly entered, we need not determine on this appeal whether it is an established

IN THE MATTER OF THE GUARDIANSHIP OF WOOD

2019 OK CIV APP 53 · Court of Civil Appeals of Oklahoma · Dec 31, 2018

When an individual guardian enters into an agreement with a bank or trust company, or when the guardian is a bank or trust company qualified and acting under the supervision of the Banking Board, or of the Comptroller of … Clearly, a stock certificate cannot be deposited in a bank account.

JOHNSON v. BROWN

2024 OK CIV APP 18 · Court of Civil Appeals of Oklahoma · Mar 27, 2024

The Stock Restriction Agreement, adopted in December of 1990, clearly states that the shareholders only included the Original Shareholders. … For example, in In re Osteopathic Hospital Association of Delaware 195 A.2d 759, 762 (Del. 1963), the Court explained that Delaware "courts have long held that bylaws may be amended or established by custom or by acquiescence

Howard Family Charitable Foundation, Inc. v. Trimble

259 P.3d 850 · Court of Civil Appeals of Oklahoma · Jan 28, 2011

THE FACTS ALLEGED 10 Plaintiffs' Second Amended Petition states that Trimble and PCM maintained Fund was exempt from registration because its investors were either "accredited investors" or "qualified eligible persons," 2 … At one end of the scale is a passive website on which a defendant has posted information which is accessible by persons in foreign jurisdictions, and at the other end of this scale are defendants who clearly do business through

RJB Gas Pipeline Co. v. Colorado Interstate Gas Co.

813 P.2d 1 · Court of Civil Appeals of Oklahoma · Jun 17, 1991

In addition, RJB insists the FERC Order 68-A clearly allows producers to collect whatever rate the contracts provided on the date of the enactment of the NGPA. We do not agree. … Thus, CIG claims, the gas remains in place and was ot severed as required by 12A O.S. 1981 § 2-107(1) to qualify as a sales contract under 12 O.S. 1981 § 936.

RIPP v. OKLAHOMA COMMUNICATIONS SYSTEMS

525 P.3d 52 · Court of Civil Appeals of Oklahoma · Apr 22, 2022

Those findings are clearly supported by the Plaintiffs' allegations and the clear weight of the evidence produced at the class certification hearing. ¶18 For example, Plaintiffs allege that TDS was "not able to handle the … The court also found that "one defense of [TDS] is 'up to' is anything 'up to' the amount stated and even near zero qualifies as 'up to.'"

CHANDLER v. STATE ex rel. DEPT. OF PUBLIC SAFETY

419 P.3d 298 · Court of Civil Appeals of Oklahoma · Sep 8, 2017

reasonable grounds to believe the arrested person had been driving ... a motor vehicle ... while under the influence of alcohol ... and that the person had refused to submit to the test or tests... " The latter requirement is clearly … Therefore, only a sworn report which on its face has no defects is admissible. ¶39 The function of this qualifying phrase corresponds to the exception under both § 306 and its successor, 12 O.S. 2011 § 2008(D) 17 for allegations

RIPP v. OKLAHOMA COMMUNICATIONS SYSTEMS

2023 OK CIV APP 3 · Court of Civil Appeals of Oklahoma · Apr 22, 2022

Those findings are clearly supported by the Plaintiffs' allegations and the clear weight of the evidence produced at the class certification hearing. ¶18 For example, Plaintiffs allege that TDS was "not able to handle the … The court also found that "one defense of [TDS] is 'up to' is anything 'up to' the amount stated and even near zero qualifies as 'up to.'"

Miller v. Gonzales

239 P.3d 163 · Court of Civil Appeals of Oklahoma · Mar 8, 2010

T7 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 of the evidence or … "Property in dogs is of an imperfect or qualified nature and they may be subjected to peculiar and drastic police regulations by the State without depriving their owners of any federal right." McNeely v.

STATE EX REL. DEPT. OF TRANSP. 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.

Volvo Commercial Finance LLC the Americas v. McClellan

74 O.B.A.J. 1088 · Court of Civil Appeals of Oklahoma · Oct 23, 2002

He is said to have a "qualified possessory right" ''in the property. Id. at ¶ 11, 664 P.2d at 381 (footnotes omitted). As good-faith purchasers, Firstar and Houdek have lawful possession of the Truck against VCF. … VCF clearly had a superior pos-sessory interest in the Truck prior to the time the Truck was sold to Firstar and Hou-dek.

BROWN v. MULDROW PUBLIC SCHOOLS

2024 OK CIV APP 20 · Court of Civil Appeals of Oklahoma · Jul 17, 2024

Although a state entity "retains its immunity with respect to formulation of policy," the state entity remains subject to liability "for routine decisions and daily implementation of the policy or planning level decisions … As established above, the statutory cap in the instant case is $125,000.00 pursuant to 51 O.S. § 154(A)(2).