Case law

Neel v. Social Security Administration

District Court, N.D. Oklahoma · Sep 7, 2021

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability … The ALJ’s findings must “be consistent with and supported by the evidence, and be clearly articulated so the individual and any subsequent reviewer can assess how the adjudicator evaluated the individual’s symptoms.”

Laca v. United States

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

Jones’s arguments for immunity and stay are distinct from those belatedly asserted by the Government. … The Government also affirmatively states it “is not claiming a qualified privilege for the OIG internal investigation report” (ECF No. 109 at 4) and that it “has not claimed the OIG internal investigation report is subject

Ponds v. Harding

District Court, N.D. Oklahoma · Mar 21, 2024

Clearly established federal law “refers to the holdings, as opposed to the dicta, of the [Supreme] Court’s decisions as of the time of the relevant state-court decision.” Dodd v. … Respondent contends that Ponds’s claim is foreclosed because it is not supported by clearly established law. Dkt. # 8, at 85-86.

Lara

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

Although Smith is clearly qualified to offer expert testimony on the general topic of erosion at Fry Ditch, this case turns on whether erosion was an undisclosed “defect” for the purposes of a single residential property … affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish

Armstrong v. Health Care Service Corporation

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

committed negligence per se by violating an Oklahoma statute that expressly forbids insurers from holding PBT to a higher standard of care, and HCSC’s repeated denials of Timothy Armstrong’s request for pre-approval of PBT qualifies … However, this argument was not clearly raised or developed by HCSC, and the Court will consider the parties’ arguments concerning the viability of Timothy Armstrong’s negligence per se claim against HCSC.

McKay v. Habti

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

A habeas court will first analyze whether federal law “was clearly established by the Supreme Court at the time of the state court judgment.” Byrd v. Workman, 645 F.3d 1159, 1165 (10th Cir. 2011). … Significantly, the Supreme Court holds in cases where it has not established a bright line rule, “it is not ‘an unreasonable application of’ ‘clearly established Federal law’ for a state court to decline to apply a specific

Anixter v. Home-Stake Production Co.

76 F.R.D. 351 · District Court, N.D. Oklahoma · Jul 29, 1977

The Court finds and holds that this factor has been established. … While any factual determination of the merits at this stage of the proceedings is clearly prohibited by Eisen v.

Van Huss v. Bill's Electric, Inc. DO NOT FILE IN THIS CONSOLIDATED CASE. All Filings to be Made in Lead Case 24-CV-213-SH Only

District Court, N.D. Oklahoma · Oct 6, 2025

However, Van Huss asserts that “there is no evidence these notes were ever shared with Plaintiff” and that the exhibit “is clearly a post-hoc attempt to cover BEI’s termination of Plaintiff because of his age.” … Van Huss, therefore, qualified as an exempt administrative employee. V.

Van Huss v. Bills Electric, Inc.

District Court, N.D. Oklahoma · Oct 6, 2025

However, Van Huss asserts that “there is no evidence these notes were ever shared with Plaintiff” and that the exhibit “is clearly a post-hoc attempt to cover BEI’s termination of Plaintiff because of his age.” … Van Huss, therefore, qualified as an exempt administrative employee. V.

Duncan v. Social Security Administration

District Court, N.D. Oklahoma · Sep 29, 2022

Devere continued to state that he lacked sufficient proof to establish the medical cause of plaintiff’s symptoms. Id. at 120-127. The ALJ found that Dr. … First, the ALJ must determine whether the medical opinion qualifies for “controlling weight.” Id.

Feenstra v. Sigler

District Court, N.D. Oklahoma · Sep 7, 2023

Plaintiffs’ claim for a declaratory judgment, however, is not barred.5 The Tenth Circuit has continued to recognize that judicial immunity is not a bar to declaratory relief under § 1983. Lawrence v. … Although the order itself utilized standard language that the nonpayment was willful, there is no evidence that the defendants undertook efforts to establish that fact. See e.g., Def.

SFF-TIR, LLC v. Stephenson

264 F. Supp. 3d 1148 · District Court, N.D. Oklahoma · Aug 29, 2017

establishes that the Defendants bear the burden to show the merger was fair. … That statement is true, but here, the Defendants do not point to anything that *1246 could qualify as a procedural protection.

Lee v. Turn Key Health Clinics, LLC

District Court, N.D. Oklahoma · Feb 27, 2020

Not documenting or evaluating patients properly”; “Found one case clearly demonstrates a lack of training, perforated appendix due to lack of training and supervision”; “Found two detainees with clear mental … State Law Negligence Claim This court has previously held that a private entity that contracted with the State to provide healthcare services was immune from tort liability under

Payne v. Sultzer

District Court, N.D. Oklahoma · Sep 30, 2019

Rather, to establish that a city is liable for the actions of its employees or officers, a plaintiff must show: “1) the existence of a municipal policy or custom and 2) a direct causal link between the policy or custom … This is so even if, as Plaintiff alleges, Basham merely “speculated” or even “clearly lied” about Plaintiff’s involvement in the bank robbery. Dkt. 4, at 6; see Lane, 385 F.

White v. Social Security Administration

District Court, N.D. Oklahoma · Sep 2, 2021

Agency Proceedings The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … “The determination . . . must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any

Jones v. Local 798 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-Cio

District Court, N.D. Oklahoma · Mar 26, 2024

In Burkes, the egregious racist action by an employee was sufficient to establish his intent. Id. … Although the overtly racist image was sufficient to establish intent of the employee, it does not follow that any instance of overtly racist expression by another union member is sufficient to establish discriminatory intent

Brown v. State Farm Fire and Casualty Company

District Court, N.D. Oklahoma · Mar 23, 2022

Sam Tanksley Trucking, Inc., 708 F.2d 519, 522 (10th Cir. 1983), for the proposition that “[r]eference to the wealth or poverty of either party, or reflection on financial disparity, is clearly improper argument.” … Rule 702 states that a “witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other

ALICIA HARRIS, as Special Administrator of the Estate of Tory Ray Wiliams, Sr., deceased v. VIC REGALADO, in his official capacity as Tulsa County Sheriff, TURN KEY HEALTH CLINICS, LLC, an Oklahoma limited liability corporation, and MEGAN RASOR, APRN

District Court, N.D. Oklahoma · Aug 11, 2026

The Tenth Circuit and Oklahoma district courts have not clearly adopted this approach, and the Court does not rely on it here. … It is well- established that “a municipality is immune from punitive damages under 42 U.S.C. § 1983.” City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981).

Ballard

District Court, N.D. Oklahoma · Jan 16, 2026

The party invoking the jurisdiction of a federal court has the burden to establish Article III standing. New England Health Care Emps. Pension Fund v. … The parties do not dispute that the state court proceedings are criminal prosecutions that could qualify as an exceptional circumstance warranting Younger abstention.

Klintworth v. Valley Forge Insurance Company

District Court, N.D. Oklahoma · Mar 3, 2021

Under Oklahoma law, the burden of establishing a UIM claim is on the insured. … Defendant clearly hired Wheeler to review plaintiff’s claims and evaluate what plaintiff was legally entitled to under the policy and Oklahoma law.