Case law

Pennsylvania Manufacturers' Ass'n v. Lechner

910 F. Supp. 2d 1291 · District Court, N.D. Oklahoma · Nov 16, 2012

to emphasize that there may be no coverage under the provisions of [the Policy] because: • coverage may be precluded because the allegations that the bodily injury was caused by intentional acts of the defendants may not qualify … Lechner clearly alleges that he was injured as a result of .defendants’ intentional acts.

Amoco Production Co. v. United States Department of the Interior

763 F. Supp. 514 · District Court, N.D. Oklahoma · Dec 18, 1990

To qualify for the 20 percent tax credit, a building owner need not seek National Park Service approval; the only substantive requirement was that the building be at least 40 years old. … process. 6 The State Historic Preservation Officer responded by maintaining that no procedural error occurred during the nomination of the Philcade, and that photographs and other documentation provided during the procedure established

Terwilliger v. Home of Hope, Inc.

21 F. Supp. 2d 1294 · District Court, N.D. Oklahoma · May 21, 1998

Moreover, as the Tenth Circuit has stated: [a]n employer who asserts he is exempt from the Act “has the burden of establishing the exemption affirmatively and clearly.” … Thus, this requirement of the companionship services exemption also has been established.

Wicks v. United States

304 F. Supp. 3d 1079 · District Court, N.D. Oklahoma · Jan 22, 2018

The evidence, therefore, clearly suggests that this factor weighs in defendant's favor. … The record clearly suggests that this factor weighs in defendant's favor.

United States v. Revis

22 F. Supp. 2d 1242 · District Court, N.D. Oklahoma · Oct 8, 1998

Clearly, this result cannot obtain. … Clearly, there exist statutory exceptions to the general prohibition against giving something of value for or because of testimony.

Drew v. Social Security Administration

District Court, N.D. Oklahoma · Feb 28, 2020

Plaintiff has Guillain-Barré syndrome, which is a disorder in which the body’s immune system attacks its nerves. Id. at 43. … The Social Security Administration has established a five-step process to review claims for disability benefits. See 20 C.F.R. § 404.1520.

United States v. Robinson

District Court, N.D. Oklahoma · Nov 19, 2020

The second superseding indictment clearly identifies the crime of violence for count three as the crime of armed bank robbery as charged in count two. Dkt. # 69, at 4. … Therefore, the defendant was attempting to rely on a new rule of constitutional law that had not actually been established by the Supreme Court, and he could not proceed with a second or successive § 2255 motion.

Hellard v. Mid Century Insurance Company

District Court, N.D. Oklahoma · Feb 8, 2021

App. 2014) (emphasis added).2 Moreover, the court confirmed that the OUCSPA “does not establish standards of care or standards of conduct for measuring whether 2 Decisions of the Oklahoma Court of Civil Appeals released … Cary “has clearly reviewed the claims file and has a sufficient factual basis to offer opinions” regarding the handling of the claim. Magallan, 2017 WL 4012964, at *10.

State of Oklahoma v. United States Environmental Protection Agency

District Court, N.D. Oklahoma · May 29, 2019

A ruling in favor of plaintiffs would clearly harm the goals of Waterkeeper Alliance and L.E.A.D. Agency to preserve and protect water resources in Oklahoma from harmful pollution and development. … This factor clearly weighs in favor of allowing intervention.

United States v. Gardner

23 F. Supp. 2d 1283 · District Court, N.D. Oklahoma · Jul 7, 1998

In the first category, there is conduct that is clearly unsupported by law. The second category of infirm conduct would be conduct that is clearly unsupported by facts. … In this regard, the Court observes that the Hyde Amendment, like the EAJA, is a waiver of sovereign immunity to be strictly construed in favor of the United States. See Olenhouse v.

Gaylord v. Spartan College of Aeronautics & Technology, LLC

District Court, N.D. Oklahoma · Jul 26, 2019

Plaintiff does not clearly dispute whether Abczynski qualifies as a “person” within the meaning of § 1442(a), and the Court therefore will assume, without deciding, that Abczynski’s position as a DPE satisfies the first … Defendants had “sufficiently put in issue the questions of official justification and immunity,” and therefore had satisfied the requirement of a “causal connection.” Id. at 409.

Jones v. Social Security Administration

District Court, N.D. Oklahoma · Mar 26, 2021

If the Appeals Council erroneously rejects qualifying evidence, “the case should be remanded for further proceedings.” Chambers v. … In this case, however, the Appeals Council clearly rejected the additional evidence, as indicated by the statement that it “did not exhibit this evidence.” R. 2.

GWACS Armory, LLC v. KE Arms, LLC

District Court, N.D. Oklahoma · Jul 6, 2022

KEA argues that Anderson’s statements were made pursuant to a qualified privilege, if any privilege at all, and KEA asks the Court to deny GWACS’ motion to dismiss. … Anderson’s letter clearly related to potential litigation against KEA, but there nothing in the letter or KEA’s counterclaim suggesting that GWACS was contemplating litigation against Brownells.

Thomas L Pearson and the Pearson Family Members Foundation, The v. University of Chicago, The

District Court, N.D. Oklahoma · Jun 5, 2024

In establishing TPI, the University was to establish three named professorships. (Doc. 401 ¶ 1 (citing Doc. 6 § 3.4).)1 Plaintiff alleges that two professors hired were unqualified. … Plaintiff’s most on-point case merely notes that “some circuits have encouraged district courts to take precautionary measures, including warning the jury about the witness’s dual roles or bifurcating the questioning to clearly

Jolliff v. Rogers County Sheriff's Department, The

District Court, N.D. Oklahoma · Jun 3, 2025

. § 1983, which provides a civil remedy for a “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” by a person acting under the color of state law. 42 U.S.C. § 1983. … In her Amended Complaint, Plaintiff pled that she was not evaluated by a qualified medical professional while detained at the Jail. Am. Compl. ¶¶ 59, 63, 90.

Doe v. Oologah-Talala Independent School District No. 4 of Rogers County, Oklahoma

District Court, N.D. Oklahoma · Mar 29, 2024

Winters argues that he has immunity under the Oklahoma Governmental Tort Claims Act. Dkt. 31 at 7. … Schs., 321 F.3d 1285, 1288 (10th Cir. 2003) (“[T]he law holding that sexual harassment is actionable as an equal protection violation has long been clearly established.”).

DeMaro v. Social Security Administration

District Court, N.D. Oklahoma · Mar 29, 2021

The ALJ placed specific emphasis on Listing 1.00 et seq., Musculoskeletal system; Listing 11.00 et seq., Neurologic Disorders; and Listing 14.00, et seq., immune system disorders. (R. 21). … It is well established that all of the specified medical criteria must be matched to meet a listing. An impairment that manifests only some of the criteria, no matter how severely, does not qualify. Sullivan v.

Gonzales Quintanilla v. Social Security Administration

District Court, N.D. Oklahoma · Sep 16, 2024

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … She indicated that, during this period, it took her a long time to recover even from relatively mild illnesses because her immune system was weakened. Id.; R. 46.

Warehouse Market, Inc. v. State of Oklahoma

District Court, N.D. Oklahoma · Jan 5, 2021

The state court dismissed the Tribe on the ground of sovereign immunity and entered partial summary judgment in favor of Warehouse Market. Dkt. # 1, at 3; Dkt. # 13-3. … There is clearly a federal question raised in the complaint and the Court can exercise subject matter jurisdiction over this case.

In Re Williams Securities Litigation

339 F. Supp. 2d 1242 · District Court, N.D. Oklahoma · Dec 12, 2003

All of these allegations qualify as material facts under the Fleming analysis. … The group pleading doctrine was established by the Ninth Circuit in 1987 in Wool v.