Case law

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.

Fees v. American Family Life Assurance Company of Columbus ("Aflac")

District Court, N.D. Oklahoma · Jun 5, 2020

Therefore, plaintiff argues that he qualified for benefits under the “Working Full Time” section of the Policy. … To recover for breach of contract, a plaintiff must establish: “(1) the formation of a contract, (2) breach of the contract, and (3) damages as a result of that breach.” Cates v.

Bessinger v. Cimarex Energy Co.

District Court, N.D. Oklahoma · Jul 22, 2024

Lettes—did not qualify for payment)). … The Supreme Court has “observed repeatedly that this broadly worded provision is ‘clearly expansive,’” Egelhoff v. Egelhoff ex rel.

Vietti v. Welsh & McGough, PLLC

District Court, N.D. Oklahoma · Jul 1, 2025

Dismissal—for jurisdiction or on the merits—can qualify the Defendant as a prevailing party. See, e.g., District of Columbia v. … See Doc. 37 at 6 (“Despite this binding, on-point authority, Plaintiff urges the Court to consider South Carolina law regarding immunity of guardians ad litem.”).

Truesdell v. State Farm Fire & Casualty Co.

960 F. Supp. 1511 · District Court, N.D. Oklahoma · Apr 8, 1997

The Hess ease is of particular significance because it is a recent ease specifically noting the “substantial line of authorities” establishing the validity of replacement cost clauses similar or identical to the clause at … Truesdell is not qualified to give an opinion regarding the quality of different types of wood siding.

GWACS Armory, LLC v. KE Arms, LLC

District Court, N.D. Oklahoma · Feb 23, 2023

For the same reasons, GWACS has not established that Phagan misappropriated a trade secret. … Litigation Privilege Oklahoma recognizes a litigation privilege “under which attorneys, parties, jurors, and witnesses are immune from defamation liability for statements

Jenkins v. Nunn

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

First, because the OCCA identified Jackson as the clearly established federal law governing Jenkins’s sufficiency-of-the-evidence claims, Jenkins has not shown that the OCCA’s rejection of those claims is contrary to clearly … application of, clearly established federal law, as required to overcome § 2254(d)(1).

United States v. Flores

District Court, N.D. Oklahoma · Jan 23, 2024

Such a motion will be granted only if the moving party “clearly establish[es] that no material issue of fact remains to be resolved and [it] is entitled to judgment as a matter of law.” Id. … The undisputed pleadings and uncontested documents—including Defendant’s guilty plea and his adjudication of guilt—clearly, unequivocally, and convincingly establish that Defendant engaged in the sexual abuse of a minor

Schultz v. UNUMPROVIDENT CORP.

782 F. Supp. 2d 1276 · District Court, N.D. Oklahoma · Feb 25, 2011

Moreover, by including the value of a third party benefit in the calculation of the benefits calculation, the Policy clearly established a priority of interest, i.e., that the insurer would be entitled to reduce monthly benefits … The discrepancy likely indicates some kind of disconnect between the two departments, but it does not establish a conflict of interest.

Krehbiel

District Court, N.D. Oklahoma · Jul 28, 2026

Tattershall’s immunity argument on the claims against him, and last consider Mr. Krehbiel’s claims against only C&C. Mr. … Krehbiel has not specifically identified a misrepresentation that would qualify as an unlawful or deceptive practice. Dkt. 19 at 7.

Ware v. Kunzweiler

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

In addition, because federal courts are courts of limited jurisdiction, this Court has an independent duty to determine whether Plaintiffs have alleged sufficient facts to establish subject-matter jurisdiction. … Notably, “‘unless state law clearly bars the interposition of the federal statutory and constitutional claims, a plaintiff typically has ‘an adequate opportunity to raise federal claims in state court.’”

Smith v. American National Property and Casualty Company

District Court, N.D. Oklahoma · Dec 22, 2020

Mar. 30, 2018) (“A lack of recollection, however, is not sufficient to establish a genuine dispute of material fact.”); Am. Cas. … With respect to qualifications, ANPAC contends that Leonard is not qualified because he lacks any experience in insurance.

Taylor Crane & Rigging, Inc. v. Argus Logistics, LLC and Exterran Energy Solutions, L.P.

District Court, N.D. Oklahoma · Aug 19, 2026

However, “a person who is not a party to the contract [may] sue for damages caused by its breach if the person qualifies as a third-party beneficiary.” Id. … Upon review of the agreement as a whole, the intent of the Management Agreement was clearly to establish a working relationship between Argus and Exterran and to set forth the rights and obligations between these two parties

Huff v. BP Corporation North America, Inc.

District Court, N.D. Oklahoma · Feb 12, 2024

Life and Accident Plan, group life insurance policy number 32900-G, is a qualifying “employee benefit plan” subject to ERISA. [Id. at p. 10]. Thus, Mr. … Thus, the relative merits of the parties’ positions factor clearly weighs in favor of imposition of attorney’s fees.

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

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

The initial scheduling order in this case established a deadline to amend the pleadings on September 21, 2018. (Doc. 47.) … Here, Plaintiff is clearly attempting to resurrect an express breach of contract claim that it lost at the summary judgment phase as a good faith and fair dealing claim.

Robinson

District Court, N.D. Oklahoma · Mar 20, 2026

LLC, the court dismissed plaintiff's negligence claim against Turn Key because “Turn Key, an independent contractor employing licensed medical processionals for the jail, is an employee of the state and thus entitled to qualified … immunity under the [O]GTCA.” 2025 WL 1885637, at *7.

Lutheran Benevolent Insurance v. National Catholic Risk Retention Group, Inc.

939 F. Supp. 1506 · District Court, N.D. Oklahoma · Aug 14, 1995

Celotex, the Supreme Court stated: [t]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish … The Court finds that, based on the plain meaning of the language of the instant policy, the definition of an “occurrence” clearly was intended to encompass most claims for ordinary negligence.

Fletcher v. United States

153 F. Supp. 3d 1354 · District Court, N.D. Oklahoma · Dec 30, 2015

Determining the Relevant Account Fletcher II clearly dictates that plaintiffs are entitled to an accounting. … Here, joinder of the Osage Nation is not feasible because the Nation possesses sovereign immunity. See id.

Stephenson Oil Co. v. Citgo Petroleum Corp.

271 F.R.D. 323 · District Court, N.D. Oklahoma · Sep 14, 2010

This argument by Stephenson requires speculation and cannot be used to establish injury. … a clearly erroneous fact).

Rodgers v. Beechcraft Corp.

248 F. Supp. 3d 1158 · District Court, N.D. Oklahoma · Mar 29, 2017

Caves was clearly aware of this fact, because he aborted his first landing attempt after being advised by ATC that his main landing gear had not deployed. … Plaintiffs have no admissible evidence establishing that the alternate landing gear was defectively designed.