Case law

Lyons & Clark, Inc. v. Alfano

District Court, N.D. Oklahoma · Apr 9, 2025

“[T]he scope of who qualify as ‘privies’ varies according to the circumstances of the particular case.” Id. at 451. … Lyons & Clark claims it obtained a security interest in the Bentley because Speedsportz owed it a debt, clearly exempting it from the Code’s protections for buyers in the ordinary course

Ellis v. Grimes

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

Defendant argues that “[t]he amount of video footage produced was clearly a direct result of Plaintiff’s litigation strategy” and thus the amount is unreasonable because “cases such as this one where fee-shifting statutes … For the expense of a transcript to qualify as a taxable cost, the transcript must be “reasonably necessary to the litigation of the case.” Mitchell, 218 F.3d at 1204; see also In re Williams, 558 F.3d at 1148.

Huddleston v. John Christner Trucking, LLC

District Court, N.D. Oklahoma · Jan 30, 2020

It would clearly be impracticable to join hundreds, if not thousands, of plaintiffs from across the country in this action. Further, Huddleston has shown he will adequately protect the interests of the classes. … Where an individual takes steps toward independence “through incorporation, licensure, [and] advertisements,” that individual may qualify as an independent contractor. Id.

Webster v. Fairway Management Inc

District Court, N.D. Oklahoma · Oct 2, 2025

The Court does not have sufficient information regarding that oral request to determine that it should actually qualify as a request for accommodation – Plaintiff does not state to whom she made the request, how she made … The exemption is clearly intended to preempt OCPA lawsuits when a matter can properly be resolved by a state or federal agency – that is not the case here.

Mecom v. Morris

District Court, N.D. Oklahoma · May 2, 2022

I’ve heard the process takes a couple of years to qualify a ranch for this program, and I’d be willing to take that risk if I got comfortable with the mechanics of the program. … Stat. tit. 15, § 161 (“Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense.”).

WRTGC-Commercial, LLC v. Precision Communications, Inc.

District Court, N.D. Oklahoma · Aug 27, 2021

Kyman responded that day, stating that she wanted “a qualified appraiser to perform an up to date appraisal on the property.” Id. … Plaintiff clearly demonstrates that the anticipated commission was greatly reduced by the omission.

Womble v. Braggs

District Court, N.D. Oklahoma · Jul 18, 2019

However, even assuming Petitioner’s motion for two-year judicial review qualifies as a tolling motion, it was filed too late to have any tolling effect. equitable tolling in appropriate cases.” Holland v. … STAT. tit. 22, § 1087 (establishing 30-day appeal period); Gibson v.

SFF-TIR, LLC v. Stephenson

262 F. Supp. 3d 1165 · District Court, N.D. Oklahoma · Jul 5, 2017

According to the Plaintiffs, such rescission is clearly equitable. See Tr. at 419:9 (Kagen). … I (“Congress shall make no law respecting an establishment of religion .... ” (emphasis added)).

TIG Insurance Company v. FKI Industries Inc.

District Court, N.D. Oklahoma · Oct 6, 2020

Rather, a dispute clearly exists between INA and Acco/FKI. Thus, the interests of INA are properly aligned with plaintiff TIG. … Similarly, to adjudicate Count 3 of TIG’s Complaint, the court would have to reach a conclusion as to whether the Underlying Claims qualified as an “occurrence” and whether the “bodily injury” occurred during the Policy

Evans v. UnitedHealthcare of Oklahoma Inc.

District Court, N.D. Oklahoma · Feb 2, 2022

If [Mercy Hospital’s] request qualifies for an appeal, grievance, or complaint, [UHC] will complete [its] review and send [Mercy Hospital] a letter about [its] decision[.]” Dkt. # 49-1, at 263. … Moreover, plaintiff’s February 23, 2018 EOB statement (Dkt. # 49-1, at 245-48) clearly shows that UHC paid Dr.

T.D. Williamson, Inc. v. Lincoln Electric Automation

District Court, N.D. Oklahoma · May 30, 2025

Variance outside the range of that qualified in any process development activity may cause degradation in weld quality. … This website link is located above the signature line, clearly referenced, and was not hidden in the contract.

United States of America v. Genentech, Inc.

District Court, N.D. Oklahoma · Mar 14, 2024

The court “must determine whether the complaint sufficiently alleges facts supporting all the elements necessary to establish an entitlement to relief under the legal theory proposed.” Lane v. … Thus, although the Relators clearly refer to the BLA, the court is not satisfied that they quote from the BLA. pursuant to Genentech’s instructions did not, in fact, yield 20.952 (or 21) mg/mL of liquid solution.

United States v. Osage Wind, LLC

District Court, N.D. Oklahoma · Dec 20, 2023

The Federal Rules of Evidence provide that a qualified expert may provide testimony that “will help the trier of fact to understand the evidence or to determine a fact in issue.” Fed. R. Evid. 702(a). … whether a knowledgeable and experienced wind developer would have reasonably anticipated that a lease from the mineral owner would be required prior to construction of the project” and (2) “if a wind energy developer was clearly