Case law

United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union v. Conocophillips Co.

663 F. Supp. 2d 1180 · District Court, N.D. Oklahoma · Sep 29, 2009

Two of the three Company decisions challenged herein—elimination of the Lead Operator classification and reorganization of Still Cleaner duties—clearly involved reassignment of work. … However, the language of the Appendix clearly belies the Union’s assertion.

Lewis v. Aetna U.S. Healthcare, Inc.

78 F. Supp. 2d 1202 · District Court, N.D. Oklahoma · Oct 20, 1999

Thus, the policy qualifies as an “employee welfare benefit plan.” See 29 U.S.C. § 1002 (1) (1994). Plaintiffs claims against Aetna clearly relate to the plan. See Peckham v. … Christian expressly references this statutory policy in establishing the tort of breach of the covenant of good faith. See Christian, 577 P.2d at 903 .

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.

United States v. $189,825.00 in United States Currency

8 F. Supp. 2d 1300 · District Court, N.D. Oklahoma · Jun 3, 1998

Once probable cause for forfeiture has been established, claimants may recover the defendant property only by establishing a defense to forfeiture by a preponderance of the evidence. United States v. $149,442.43 in U.S. … Agent Judd was qualified as an expert on drug-related matters under Fed.R.Evid.- 702 and the Court finds his testimony credible.

Marshall v. Nelson Electric

766 F. Supp. 1018 · District Court, N.D. Oklahoma · Jun 21, 1991

Injuries to the nervous system and mental pain are physical injuries which also qualify as severe emotional distress. … Nelson Electric established a proper non-discriminatory economic motive for laying Marshall off in August, 1986 and June, 1987.

Wolfe v. Barnhart

354 F. Supp. 2d 1226 · District Court, N.D. Oklahoma · Sep 30, 2004

and set aside agency action, findings, and conclusions found to be - (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … Sanjour clearly concerned a specific issue — reimbursement of travel expenses for unofficial writing, teaching or speech.

Cherokee Nation, The v. Bernhardt

District Court, N.D. Oklahoma · Mar 24, 2020

parcel into trust, in which the Assistant Secretary stated that 25 U.S.C. § 476(f),5 an amendment to the IRA enacted in 1994, mandates that the government shall not “classif[y], enhance[], or diminish[] the privileges and immunities … No reservation has ever been established by treaty, Executive Order, or Secretarial Order for the UKB tribe.

Barnes v. United States

District Court, N.D. Oklahoma · Feb 17, 2020

Barnes was convicted on the federal charges and sentenced to 10 years in federal prison, she did not qualify for drug court, because she would be unable to complete the drug court program from federal prison. … “[A]n employing [governmental entity] is immune as a matter of law only if an officer’s acts are so extreme as to constitute a clearly unlawful usurpation of authority the officer does not rightfully possess.”

Israel v. Rothrock

District Court, N.D. Oklahoma · Mar 6, 2024

immunity. … Among other things, the formal grievance must address a matter within the control of the facility, request a remedy the facility has the power to grant, and clearly identify the wrongful act or harm done and any supporting

Porter v. Crow

District Court, N.D. Oklahoma · May 17, 2019

immunity. … Here, Plaintiff generally alleges the DCCC’s medical staff is not qualified to diagnose or treat her for gender dysphoria. Doc. 1, at 4; Doc. 33, at 11, 43-44.

Saint Francis Hospital, Inc. v. Azar

District Court, N.D. Oklahoma · Aug 4, 2020

The Tenth Circuit generally applies the two-step test established in Chevron, U.S.A., Inc. v. … The effective date of the provisions of section 5504 is clearly July 1, 2010.

United States ex rel. Koch v. Koch Industries, Inc.

188 F.R.D. 617 · District Court, N.D. Oklahoma · Jul 6, 1999

Under the “mandate rule” governing appellate decisions, both prongs now stand established in 89-C-437. … The evidence summarized above, and the allegations in the two Kansas lawsuits, clearly establish that Plaintiffs were aware that Defendants’ were (1) reporting to producers that they were taking less oil than Defendants were

Grogan v. Renfrow

District Court, N.D. Oklahoma · Jul 2, 2019

Lorenzen where it considered the standard to be applied by courts when determining whether to hold a creditor in contempt for attempting to collect a debt that a bankruptcy discharge order has immunized from collection. … BAP 2012)(under the clearly erroneous standard the appellate court defers to facts found by the bankruptcy court unless they are without factual support in the record).

Hayes v. United States Bureau of Indian Affairs

District Court, N.D. Oklahoma · Nov 2, 2020

Here, because the OMC is part of the Osage Nation, and thus possesses sovereign immunity, its joinder is not feasible. … However, the OMC has sovereign immunity, such that it cannot be joined in this suit. No party disputes this. 3.

GWACS Armory, LLC v. KE Arms, LLC

District Court, N.D. Oklahoma · Oct 24, 2023

KEA has not established that evidence concerning the MKI and MKII receivers will be wholly irrelevant to any issue that could arise at trial, but GWACS is cautioned that it will not be permitted to imply that KEA engaged … The parties have provided portions of Oppenheimer’s deposition testimony, and he clearly states that he will not invest in GWACS for further development of products related to the AR-15.

United States v. Barkley

369 F. Supp. 2d 1309 · District Court, N.D. Oklahoma · Jan 24, 2005

Clearly, however, the Supreme Court has not .yet determined whether the Guidelines, if modified to accommodate Blakely, would be unconstitutional. … Moreover, because Defendant qualifies as a career offender under U.S.S.G. § 4Bl.l.a, the Guidelines mandate that the violations of 18 U.S.C. § 924 (c) (Counts Two and Four), rather than generating independent sentencing ranges

Greene v. State Farm Fire and Casualty Company

District Court, N.D. Oklahoma · Sep 19, 2023

reason, some courts defer making in limine rulings unless the ‘evidence is clearly inadmissible on all potential grounds.’” Id. (quoting Hawthorne Partners v. AT&T Techs., Inc., 831 F. … Berryman appears to be qualified by virtue of his experience and specialized knowledge in the construction industry. Mr.

Ruble v. Crow

District Court, N.D. Oklahoma · Mar 18, 2022

Clearly established federal law Under the Sixth Amendment to the Constitution, a defendant has a right to trial by an impartial jury. … Later in voir dire, “the juror clearly and forthrightly stated: “I think I could enter it [the jury box] with a very open mind. I think I could . . . very easily.

Squaw Transit Company v. United States

402 F. Supp. 1278 · District Court, N.D. Oklahoma · Oct 24, 1975

Before considering the cases hereinafter cited, the Court feels that a qualifying comment must be made with reference to the tests promulgated and considered by the various Courts in considering appeals from rulings of the … Thereafter the Commission forwarded various communications to Squaw which clearly led Squaw to believe the application was being processed.

AG EQUIPMENT CO. v. AIG Life Ins. Co., Inc.

636 F. Supp. 2d 1210 · District Court, N.D. Oklahoma · Jul 9, 2009

Defendant renewed its motion for judgment as a matter of law on the ground that the evidence clearly established that AG made a material misrepresentation about Kurtz’s employment status, but the Court found that this was … However, this evidence does not establish that AIG made a misrepresentation of coverage and it certainly does not establish that plaintiff disclosed all relevant facts to AIG.