Case law

David v. Crow

District Court, W.D. Oklahoma · Jul 19, 2024

by Defendant Lawson; (4) failure to state a due process claim upon which relief can be granted; and (5) qualified immunity. … &R., the Magistrate Judge reviewed Plaintiff’s grievance submissions and found that Plaintiff did not complete the grievance process with respect to the First Amendment claim and did not establish that the grievance

Dowell v. School Board of Oklahoma City Public Schools

244 F. Supp. 971 · District Court, W.D. Oklahoma · Sep 7, 1965

Each of the three experts is, by training and experience, well qualified to accomplish the study of the Oklahoma City School System. Dr. … Clearly, defendants may consider race in disestablishing their segregated schools without violating the Fourteenth Amendment’s equal protection clause. The admonition of the first Mr.

Roundtree

District Court, W.D. Oklahoma · Apr 8, 2026

Additionally, “[w]hen a warrantless arrest is the subject of a § 1983 action, the arresting officer is entitled to qualified immunity if a reasonable officer could have believed that probable cause existed to make the arrest … Roundtree appears to be suggesting, he is not guilty of the charged offenses, that does not establish that his arrests lacked probable cause. Mr.

Voda v. Cordis Corp.

506 F. Supp. 2d 868 · District Court, W.D. Oklahoma · Mar 27, 2007

Trotta is a well-qualified engineer, he is not qualified to issue opinions regarding the method of using guiding catheters in the human body. Order at 6 (W.D.Okla. May 1, 2006) (Doc. No. 278). … Defendant has failed to establish that ‘“the verdict is clearly, decidedly or overwhelmingly against the weight of the evidence.’ ” Hampton, 247 F.3d at 1110 . % # Cordis’ Motion for a New Trial (Doc.

Federal Power Commission v. Corporation Commission

362 F. Supp. 522 · District Court, W.D. Oklahoma · Jun 26, 1973

IMMUNITY TO SUIT OF DEFEND- . … Morton, CA 10, 1971, 455 F.2d 650 , but the ease is clearly distinguishable.

Payne v. Independent School District I-001 of Jackson County

District Court, W.D. Oklahoma · May 16, 2024

Alternatively, Hagen contends the claim against him should be dismissed because he is entitled to qualified immunity. … immunity.

John C. Winston Co. v. Vaughan

11 F. Supp. 954 · District Court, W.D. Oklahoma · Aug 27, 1935

The defendant is a resident of the state of Oklahoma, and is the duly elected, qualified, and acting State Superintendent of Public Instruction of the State of Oklahoma, and is ex officio Secretary of the Oklahoma Textbook … Each bid shall state specifically and clearly the retail price at which each book will be furnished and shall be accompanied by sample copies of each and all books offered in said bid.”

Weeks v. United States

406 F. Supp. 1309 · District Court, W.D. Oklahoma · Dec 18, 1975

They urge two distinct theories of sovereign immunity. … We therefore rejected the governmental sovereign immunity defense as to the Secretary. In our Weeks case it is objected that the tribal business committees which are sued are immune from suit.

Marquis Miller v. Suzanne Mitchell, Magistrate Judge, in her individual Capacity

District Court, W.D. Oklahoma · Nov 24, 2025

Satz, 181 F.3d 1275, 1279 (11th Cir. 1999) (establishing principle that an “absolute immunity defense may be raised in [a] Rule 12(b)(6) motion if the allegations of the complaint disclose activities protected by absolute … The statute and law clearly allowed Chief Judge DeGiusti to do so and Judge Mitchell did not act in complete absence of jurisdiction.

Holley

District Court, W.D. Oklahoma · Jan 6, 2026

, and is not to be established argumentatively or by mere inference.” … Holley argues that “the State is violating the Fourteenth Amendment,” pointing to the Privileges or Immunities Clause, which states that “No State shall make or enforce any law which shall abridge the privileges or immunities

United Food & Commercial Workers Union v. Chesapeake Energy Corp.

281 F.R.D. 641 · District Court, W.D. Oklahoma · Mar 30, 2012

Typicality is satisfied when the named class representative will, by establishing its own claim, establish the bulk of the elements of each class member’s claim. Brooks v. Southern Bell Tel. & Tel. … That court also cited the law firm’s “clearly superlative litigating and negotiating skills.” Id. at 789 .

Bellis v. Bryant

District Court, W.D. Oklahoma · Oct 7, 2020

For claims adjudicated on the merits, “this [C]ourt may grant … habeas [relief] only if the [OCCA’s] decision ‘was contrary to, or involved an unreasonable application of clearly established Federal law, as determined by … Notwithstanding the waiver, the Court explained that Petitioner’s scope of immunity under § 1289.25 did not immunize him in Count Three because Ms.

Oklahoma Department of Securities Ex Rel. Faught v. Mathews

423 B.R. 684 · District Court, W.D. Oklahoma · Feb 10, 2010

In this case, Appellant does not argue the state court judgment fails to qualify as a judgment for purposes of § 523(a)(19). … Because the decision is a judgment within the meaning of the statute, that element of § 523(a)(19) is clearly satisfied.

Oklahoma State of v. Biden

District Court, W.D. Oklahoma · Dec 28, 2021

“For a legal dispute to qualify as a genuine case or controversy, at least one plaintiff must have standing to sue.” Id. at 2565. … Bradley, doc. no. 37-2, ¶ 5. 18 Immunization Rules, ¶ 3-2 (b).

Bray Lines, Inc. v. United States

353 F. Supp. 1240 · District Court, W.D. Oklahoma · Jan 29, 1973

The evidence establishes the need of the Department of Defense for American Farm Lines’ services. … The evidence clearly demonstrates the superiority of American Farm Lines’ service.

Hice v. Turn Key Health Clinics LLC

District Court, W.D. Oklahoma · Sep 3, 2024

For the first element, the Estate alleges Turn Key has an established custom of not testing inmates for COVID-19, even when a test is clearly required, in order to avoid the significant costs of outside medical treatment … Thus, the Court determines that the Estate’s allegations do not conclusively establish that Turn Key is entitled to immunity under the OGTCA.

Caplinger v. Medtronic, Inc.

921 F. Supp. 2d 1206 · District Court, W.D. Oklahoma · Feb 6, 2013

Defendants further assert that plaintiffs off-label promotion allegations do not immunize plaintiffs claims from express preemption under § 360k(a). … While plaintiff couches her claim as a state law negligence claim, this claim is, in substance, a claim for violating the FDCA and, thus, is clearly preempted under Buckman and § 337(a).

Duncan v. United States

590 F. Supp. 39 · District Court, W.D. Oklahoma · Apr 13, 1984

The term “new drug” means— “(1) Any drug (except a new animal drug or an animal feed bearing or containing a new animal drug) the composition of which is such that such drug is not generally recognized, among experts qualified … Turkel, a manufacturer of the “U” Series, filed two NDA’s which have been denied and the denials affirmed by the Sixth Circuit Court of Appeals. 2 Rutherford clearly establishes that the new drug approval requirement applies

Reed v. Smith & Nephew, Inc.

527 F. Supp. 2d 1336 · District Court, W.D. Oklahoma · Nov 7, 2007

Plaintiffs have established that Coleman is qualified to testify as to his opinion that the device failed due to internal structural flaws and regarding the basis for that opinion. b. … Defendant has offered no substantial justification for failing to disclose Lemons and his testimony, and Plaintiffs clearly would be harmed by this unforeseen critique of their expert witness.

Seay v. Oklahoma Board of Dentistry

District Court, W.D. Oklahoma · Apr 21, 2020

judgment arguing that Plaintiffs have failed to allege a constitutional violation, that, in any case, the action is time barred, and that they are entitled to qualified immunity. … Because the Court finds Plaintiffs’ § 1983 claims are time barred, there is no need to consider Defendants’ qualified immunity argument, raised for the first time in their motion for summary judgment.