Case law
Opinions from 1658 to today.
555 results
1.59s
District Court, N.D. Oklahoma · Apr 30, 2025
White was complaining of a headache and said he was a “super sick man,” but he could not more clearly articulate his symptoms. Id. at 9. … The Court also does not reach defendants’ arguments that they are immune from liability under the Public Readiness and Emergency Preparedness Act, 42 U.S.C § 247d-6d et seq. 24
Cited 0 timesUnknownDistrict Court, N.D. Oklahoma · Jun 2, 2025
on its own to establish pretext. … An employee’s own belief that he is better 15 qualified for a position than other candidates is not sufficient to establish pretext, and a plaintiff must
Cited 0 timesUnknownDistrict Court, N.D. Oklahoma · Apr 1, 2026
from suits seeking money damages unless Congress unmistakably waives that immunity. … Plaintiffs cleared the low bar established by the FTCA, even if they left it wobbling. Cf De Baca ». United States, 399 F. Supp. 3d 1052, 1229 (D.N.M. 2019), aff'd sub nom., Ohl- sen v.
Cited 0 timesUnknown139 F.R.D. 688 · District Court, N.D. Oklahoma · Sep 30, 1991
There was no jury issue, nor did the court hold that ERISA provides solely equitable relief, only that equitable relief was proper in ERISA cases where irreparable harm was adequately established. Id. at 599 . … The last example may seem to be similar to this case, but it involved a question of statutory interpretation regarding sovereign immunity and Medicaid reimbursement. Bowen v.
Cited 17 timesPublishedLindley v. Life Investors Insurance
267 F.R.D. 382 · District Court, N.D. Oklahoma · Feb 17, 2010
A party seeking work product immunity under Rule 26(b)(3) must establish that the materials are (1) “documents and tangible things;” (2) “prepared in anticipation of litigation or for trial;” (3) “by or for another party … Gmeinder, 191 F.R.D. 638, 643 (D.Kan.2000) (Party asserting waiver of work-product immunity, rather than the party asserting the work-product protection, should have the burden to establish waiver.); Maldonado v.
Cited 26 timesPublishedB.H. v. Gold Fields Mining Corp.
239 F.R.D. 652 · District Court, N.D. Oklahoma · Dec 7, 2005
Gmeinder, 191 F.R.D. 638, 643 (D.Kan. 2000) (Party asserting waiver of work-product immunity, rather than the party asserting the work-product protection, should have the burden to establish waiver.); Maldonado v. … As to the first principle, clearly a witness cannot offer testimony based on documents that he simultaneously claims are protected work-product.
Cited 3 timesPublishedDistrict Court, N.D. Oklahoma · Apr 3, 2020
The Tenth Circuit affirmed the dismissal of plaintiff’s claims on the basis that plaintiff’s claims were untimely and defendants were immune from suit. … Chao, 296 F.3d 952, 955 (10th Cir. 2002) (“The burden of establishing subject-matter jurisdiction is on the party asserting jurisdiction.”).
Cited 0 timesUnknownAlexander v. Two Oaks Investments, LLC
District Court, N.D. Oklahoma · Aug 9, 2024
Mar. 26, 2021) (noting the long-established doctrine in Oklahoma that exhaustion is a jurisdictional prerequisite); Moler v. Enbridge Emp. Servs., Inc., No. CIV-20-00515-PRW, 2022 WL 331014, at *3 (W.D. Okla. … It may also encompass “the operation of a major bodily function, including . . . functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine,
Cited 0 timesUnknownKeene v. Berkley Casualty Company
District Court, N.D. Oklahoma · Aug 30, 2024
The Supreme Court of Oklahoma has construed this statute as requiring the claimant to establish four elements to trigger UM/UIM coverage: (1) the injured person is an insured 3 Under 10th Cir. … The Motion argues that the district court in Anaya-Smith wrongly held that an immune tortfeasor is the equivalent of an uninsured driver for the purpose of a UM claim under § 3636. See Doc. 7 at 7.
Cited 0 timesUnknownDistrict Court, N.D. Oklahoma · Jun 24, 2026
Plaintiffs accuse Allstate of ignoring the allegations of their petition, and they argue that they have alleged that they clearly asked Willis to procure an insurance policy that would cover their home for replacement cost … The record clearly shows that Willis initially obtained a policy with full roof replacement, and Willis and Allstate notified plaintiffs in 2022 that their home no longer qualified for full replacement coverage.
Cited 0 timesUnknownDistrict Court, N.D. Oklahoma · Apr 28, 2020
Because judicial immunity does not extend to declaratory relief, the only relief sought against Special Judges, the Court also denied Special Judges’ motion to dismiss on grounds of judicial immunity. Id. … The judicial deliberations privilege is qualified, but it can be overcome only in rare circumstances and on a showing of substantial need.
Cited 0 timesUnknown250 F. Supp. 3d 856 · District Court, N.D. Oklahoma · Apr 25, 2017
This doctrine developed most robustly in the qualified immunity arena. In Scott v. … In evaluating a motion for summary judgment based on qualified immunity, we take the facts “in the light most favorable to the party asserting the injury.” Scott v.
Cited 27 timesPublishedDistrict Court, N.D. Oklahoma · Mar 28, 2024
Defendants are entitled to qualified immunity and immunity from the state law claims. Hatfield Mot. at 3–16; Holt Mot. at 3–19; Pitts Mot. at 4–20; Lowery Mot. at 3–14. … Rather, Hatfield argues that any alleged claims are time-barred or shielded by qualified immunity. Hatfield Mot.
Cited 0 timesUnknownAg Equipment Co. v. Aig Life Ins. Co., Inc.
691 F. Supp. 2d 1295 · District Court, N.D. Oklahoma · Feb 11, 2010
It is clearly exempt from the Oklahoma statutes — such as § 1219— that govern such accident and health insurance.”). … It is clearly exempt from the Oklahoma statutes — such as § 1219 — that govern such accident and health insurance.
Cited 1 timesPublishedDistrict Court, N.D. Oklahoma · Mar 16, 2026
for intervention as a matter of right, and does not qualify for permissive intervention. … It also argues that, if it is joined (as it purportedly must be), the case must be dismissed on sovereign immunity grounds.
Cited 0 timesUnknownDistrict Court, N.D. Oklahoma · May 7, 2020
To establish Article III standing, a plaintiff must demonstrate “(1) that he or she has suffered an injury in fact; (2) that the injury is fairly traceable to the challenged action of the defendant; and, (3) that it is … However, this relief is clearly retrospective in nature in that it is intended to remedy a past harm – an alleged wrongful conviction.
Cited 0 timesUnknownLewis v. AT&T Mobility Services, LLC
District Court, N.D. Oklahoma · Jun 27, 2025
mental limitations of an otherwise qualified individual with a disability.”). … Counsel clearly responded that Plaintiff had an actual disability under § 12102(1)(A), though later in the hearing counsel referenced Plaintiff being regarded as having a disability.
Cited 0 timesUnknownSecurities & Exchange Commission v. Gordon
822 F. Supp. 2d 1144 · District Court, N.D. Oklahoma · Sep 28, 2011
The SEC responds that a civil fine is remedial in nature and does not qualify as a criminal punishment. Dkt. # 100, at 7. … Palmisano, 135 F.3d 860, 865-66 (2d Cir.1998) (applying the Hudson factors and rejecting argument that civil penalty qualified as a criminal punishment); SEC v.
Cited 2 timesPublishedRC v. Independent School District No. 2 of Osage County, Oklahoma
District Court, N.D. Oklahoma · Nov 18, 2024
On July 29, 2024, the Court denied in part and granted in part Madison’s motion to dismiss based on qualified immunity. ECF No. 26.2 Madison filed an interlocutory appeal, and the Court stayed the proceeding. … However, there is an exception when federal law does not expressly establish a rule of decision.
Cited 0 timesUnknownDistrict Court, N.D. Oklahoma · Jun 1, 2020
Cox argue that they are entitled to qualified immunity. Accordingly, in order to escape dismissal, Mr. Brown must not only plead facts establishing an equal protection violation, his allegations must show that Ms. … Cox acted in a manner that violated clearly established law. See Price-Cornelison v.
Cited 0 timesUnknown
Ask Donna