Case law

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  • White v. Bowling

    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 timesUnknown
  • Jiang v. City of Tulsa

    District 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 timesUnknown
  • Englebright

    District 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 timesUnknown
  • Steeples v. Time Insurance

    139 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 timesPublished
  • Lindley 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 timesPublished
  • B.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 timesPublished
  • Smith v. PacerMonitor, LLC

    District 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 timesUnknown
  • Alexander 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 timesUnknown
  • Keene 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 timesUnknown
  • Dye

    District 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 timesUnknown
  • Feltz v. Regalado

    District 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 timesUnknown
  • SFF-TIR, LLC v. Stephenson

    250 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 timesPublished
  • Richter v. Nelson

    District 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 timesUnknown
  • Ag 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 timesPublished
  • Muscogee (Creek) Nation v. City of Tulsa; Monroe Nichols IV, in his official capacity as Mayor of City of Tulsa; Dennis Larsen, in his official capacity as Chief of Police, Tulsa Police Department; Jack Blair, in his official capacity as City Attorney for City of Tulsa

    District 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 timesUnknown
  • Cowan v. Kunzweiler

    District 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 timesUnknown
  • Lewis 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 timesUnknown
  • Securities & 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 timesPublished
  • RC 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 timesUnknown
  • Brown v. Bradley

    District 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

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