Case law

Kornhass Construction, Inc. v. Oklahoma, Department of Central Services

140 F. Supp. 2d 1232 · District Court, W.D. Oklahoma · Feb 9, 2001

Like most affirmative action programs, the Act establishes racial categories, and extends benefits to members of the preferred racial groups. … These cases establish that the State Purchasing Director has the legal authority, under Oklahoma’s competitive bidding laws, to bypass the lowest bidder in favor of a better qualified or more responsible contractor if sufficient

Akers v. AstraZeneca Pharmaceuticals LP

District Court, W.D. Oklahoma · Sep 9, 2024

The next month, AstraZeneca notified employees that if they qualified for a medical or religious exemption to the vaccination policy, they could continue weekly testing for COVID-19 rather than receive the vaccine. … She also noted her distrust of the “experimental injection” and her belief that the “natural immunity” she developed after previously contracting the virus would prevent COVID-19 more effectively than the vaccine.

Graves v. Mazda Motor Corp.

675 F. Supp. 2d 1082 · District Court, W.D. Oklahoma · Dec 17, 2009

The expert’s general credentials were clearly as good as could reasonably be expected, but she had done no research “specifically looking at this nail,” id. at 969 , and had not drafted a warning for a surgical device. … Curtis ... easily qualifies as an expert under Federal Rule of Evidence 702. The real question is, what is he an expert about?”) and Westfed Holdings, Inc. v.

Mires v. United States

372 F. Supp. 2d 1265 · District Court, W.D. Oklahoma · Apr 13, 2005

The Complaint was initially filed on behalf of six trusts established for the benefit of Monte Goldman, five trusts established for the benefit of Alfred Goldman, and the Estate of Alfred Goldman. … Sovereign Immunity.

Dowell v. Board of Education of Independent School District No. 89

71 F.R.D. 49 · District Court, W.D. Oklahoma · Mar 26, 1976

Establishment of a school for students requiring special programs other than special education; 5. Support open housing; 6. … The defendant School Board offered no evidence and made no defense upon the facts but relied solely upon its untenable argument of its immunity under the Eleventh Amendment.

ARTHUR MILLER v. CREEK COUNTY CHILD SUPPORT OFFICE, et al.

District Court, W.D. Oklahoma · Sep 3, 2026

The Child Support Offices are entitled to Eleventh Amendment immunity. … The party asserting arm-of-the-state status ordinarily bears the burden of establishing it.30 Defendants have carried that burden.

Cole v. McNaughton

742 F. Supp. 587 · District Court, W.D. Oklahoma · Apr 25, 1990

Cams, Landry and/or Bacon since this section prevents him from questioning these witnesses about the medical quality assurance review at Fort Sill and thus hinders his ability to establish the nature of, and reasons for, … Because section 1102 clearly classifies these medical quality assurance records as confidential and privileged and because the litigation in the District Court of Garfield County, Oklahoma, does not qualify as a situation

Oklahoma State of v. United States Department of the Interior

District Court, W.D. Oklahoma · Nov 1, 2021

Nor does it require the NMPRC to determine the reasonableness of Tri–State's current rates or establish reasonable rates. … The underlying dispute concerned whether a tract of land acquired by the Miami Tribe qualified as “Indian lands” under the Indian Gaming Regulatory Act.

Foster v. Wynnewood Refining Company LLC

District Court, W.D. Oklahoma · Jul 21, 2025

By deciding all factual and legal questions in Plaintiff’s favor, if Plaintiff can show that co-employees do not have blanket immunity against all work-related tort claims, the Court 11 Smoot v. Chicago, R.I. & P. … s knowledge about the dangerous work environment, the extent to which they may have shirked their responsibilities, and whether a co-employee’s substantial certainty that injuries might result from his actions would qualify

United States v. Neal

793 F. Supp. 1573 · District Court, W.D. Oklahoma · Sep 26, 1991

The standard for determining ineffective assistance of counsel due to a conflict of interest has been clearly delineated by the United States Supreme Court and our Circuit. … It is clearly established, as stated in the Report and Recommendations of the Magistrate Judge, that the Movant must show (1) that the witness actually lied in his testimony; (2) that the Government knew or should have known

Emrit v. Combs

District Court, W.D. Oklahoma · Mar 8, 2024

discount with mathematical certainty the allegations in this case, the Court finds that, standing alone and in the absence of further factual detail, plaintiff's claims are so fanciful as to render each of his claims ‘clearly … Here, Plaintiff fails to allege facts establishing that the Court has subject-matter jurisdiction.

Acosta v. Kchao

District Court, W.D. Oklahoma · Sep 30, 2021

Enterprise coverage would thus be established as of January 1, 2016. … Plaintiff filed this suit three days later, on August 21, 2018, which was clearly within both limitations periods provided in § 255(a).

Barr v. United States

415 F. Supp. 990 · District Court, W.D. Oklahoma · Mar 8, 1976

The Board does not function as an adversary of the prisoner, and it has an interest in releasing those who qualify for parole. Menechino v. … Section 5011, Title 18, United States Code, likewise clearly confers upon the Director of the Bureau of Prisons the authority to determine that even maximum security in a United States Penitentiary is a proper mode and place

Truong v. Stitt

District Court, W.D. Oklahoma · Jul 19, 2022

“In every federal case, the party bringing the suit must establish standing to prosecute the action.” Elk Grove Unified Sch. Dist. v. … Rather, he complains throughout about the alleged violation of women’s right to privacy, which clearly does not implicate his rights.

Muhammad v. Comanche Nation Casino

742 F. Supp. 2d 1268 · District Court, W.D. Oklahoma · Sep 28, 2010

Clearly, the question whether a tribe can compel a non-Indian to submit to tribal civil-adjudicatory jurisdiction “must be answered by reference to federal law and is a ‘federal question’ under § 1331.” … Graham, 489 U.S. 838, 841 , 109 S.Ct. 1519 , 103 L.Ed.2d 924 (1989) (a defense of tribal immunity “does not convert a suit otherwise arising under state law into one which, in the statutory sense, arises under federal law

Watson Metals LLC v. Commissioner of Internal Revenue Services

District Court, W.D. Oklahoma · Mar 26, 2025

The courts’ jurisdiction over such civil suits—and § 1346(a)(1)’s corresponding waiver of the United States’ sovereign immunity—“must be read in conformity with other statutory provisions which qualify a taxpayer … Further, it is well established that “the existence of federal jurisdiction ordinarily depends on the facts as they exist when the complaint is filed.”

Milatz v. Commissioner of the Social Security Administration

District Court, W.D. Oklahoma · Mar 7, 2022

Williams assessed “debility present,” but could not opine whether Plaintiff qualified for a Listing. (ECF No. 17:8-9). … “Debility” is simply defined as “physical weakness,” the mere presence of which is insufficient to establish a disability. And Dr.

Zenith Radio Corp. v. Admiral Corp.

190 F. Supp. 41 · District Court, W.D. Oklahoma · Sep 15, 1960

The evidence establishes, however, that the Adler circuit differed sharply from the Andrews circuit in several ways. 33. … Considered as a whole, the Lutzens patent ■clearly deals with quite a different problem from that involved in the ’956 invention and none of the mounting means .

Heldmann v. Southwestern Oklahoma State University College of Pharmacy

District Court, W.D. Oklahoma · Feb 26, 2020

Nor has Congress abrogated states’ sovereign immunity through enactment of 42 U.S.C. § 1983. Berry, 495 F. App’x at 921– 22. … It is well established that the Court need not accept conclusory allegations as true. Hall v.

Bruner

District Court, W.D. Oklahoma · Apr 1, 2026

Petitioner argues this was “clearly erroneous” as “there is a Covid-19 mandate” in that case. Id. … Here, Petitioner fails to establish this Court’s jurisdiction.