Case law

Schiffman v. Cimarron Aircraft Corp.

615 F. Supp. 382 · District Court, W.D. Oklahoma · Aug 8, 1985

Defendant, Cimarron Aircraft, qualifies as an “employer” under the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Plaintiff was employed by Defendant from 1979 until sometime in 1981. … Does the decision establish a new principle of law, either by overruling clear past precedent on which litigants may have relied or by deciding an issue of first impression whose resolution was not clearly foreshadowed?

Rhoades v. Stitt

District Court, W.D. Oklahoma · Mar 30, 2023

Where the undisputed facts establish that a plaintiff cannot prove an essential element of a cause of action, the defendant is entitled to judgment on that cause of action. … By separate order the Court denied qualified immunity to Governor Stitt and because Defendants so limited their arguments, the Court has no additional basis on which to grant summary judgment.

Fronczak v. WARDEN, EL RENO REFORMATORY, ETC.

431 F. Supp. 981 · District Court, W.D. Oklahoma · Jun 21, 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. … Thus, while parole revocation and prison discipline are clearly within the ambit of the Due Process Clause of the Fifth and Fourteenth Amendments, the mere expectation of parole release while still in otherwise lawful custody

Haynes v. Pierce

6 F. Supp. 403 · District Court, W.D. Oklahoma · Feb 28, 1934

No one was permitted to vote who was not a qualified voter of said town of Covington. … Spaulding, supra, the court, in the body of the opinion also said: “The evidence fairly establishes that this bank was in good credit up to the time of its failure.

Wirtz v. National Electric Co.

285 F. Supp. 30 · District Court, W.D. Oklahoma · May 20, 1968

A reading of the case does not support Plaintiff’s position. 3 The opinion does not qualify “delivery” and “property.” Thus it is safe to presume that these terms were used in their ordinary sense. … Clearly, delivery of the interstate shipment did not occur until after the employees had handled the goods.

Fontenot v. Hunter

378 F. Supp. 3d 1075 · District Court, W.D. Oklahoma · Mar 28, 2019

The Patawomeck Tribe is a "Descendancy Based Tribe": "to qualify for Full Tribal Membership ... … To establish her standing as a matter of law, Plaintiff must show with Rule 56 evidentiary material that the undisputed material facts establish each standing element. See Pelt v.

Oklahoma State of v. United States Department of the Interior

District Court, W.D. Oklahoma · Dec 22, 2021

This case is not about whether inhabitants of the newly confirmed Creek Reservation should enjoy immunity from local regulation. … If the land at issue qualifies as a “reservation under the jurisdiction of the United States” for purposes of the MCA, then it also qualifies as a “Federal Indian reservation” for purposes of SMCRA.

Phillips v. Rodgers

District Court, W.D. Oklahoma · May 31, 2022

establish that the claim is plausible.4 And while pro se pleadings are construed liberally and held to a less stringent standard than formal pleadings drafted by lawyers,5 the Court will not assume the role of advocate … Defendants also maintain that they are entitled to qualified immunity, barring any conceivable § 1983 claims alleged here.

In re Four Seasons Securities Laws Litigation

63 F.R.D. 422 · District Court, W.D. Oklahoma · Jul 10, 1974

D.L. 55 classes, established by the order of September 21, 1972, except by those who had filed timely requests to be excluded from the classes. … Elaborate discovery was conducted in the M.D.L. 55 actions in an effort to determine what class or classes should be established.

Plastic Container Corp. v. Continental Plastics of Oklahoma, Inc.

515 F. Supp. 834 · District Court, W.D. Oklahoma · Mar 26, 1981

From this background, he obtained wide and in-depth exposure to various types of closures and caps, and was moreover, uniquely qualified in the terminology and application of the provisions of the patent statute, and especially … The defendant is clearly the prevailing party by virtue of judgment being rendered against the plaintiff. 23.

Folts v. Grady County Board of County Commissioners

District Court, W.D. Oklahoma · Mar 31, 2021

Folts’s conditions-of-confinement claim, arguing that the official capacity claims were tantamount to claims against Grady County and that they were entitled to qualified immunity on the individual capacity claims. … Id. at 9 (noting that the Court previously granted qualified immunity to Gerlach). 3 As both Mr. Folts and Judge Erwin point out, the sanitation policy attached to the Municipal Defendants’ Motion [Doc.

Hoog v. Dometic Corporation

District Court, W.D. Oklahoma · Mar 22, 2024

In the field of fire cause and origin investigations, it is well established that reliance on the expertise of others is standard industry practice. See, e.g., United States v. … Despite this focus, “an expert’s conclusions are not immune from scrutiny.” Dodge, 328 F.3d at 1222.

Lindsay v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jan 31, 2022

SSR 85-28 requires that the evidence “clearly establish[ ]” that the impairment is not severe. … established that [Ms.

United Transports, Inc. v. United States

245 F. Supp. 561 · District Court, W.D. Oklahoma · Sep 9, 1965

The majority of the Court further states: “The purpose of the Commission was to provide Commercial Carriers a means to re-establish part of its lost traffic if it could.” … I feel that these two statements can be clearly answered. In the first one, United Transports has not received a wind-wall.

Aceco Valves, LLC v. Neal

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

qualifying as a trade secret under the OUTSA. … This rationale is squarely in line with the Techtrol court’s holding that OUTSA “does not clearly express that it abrogates or displaces the common law tort of misappropriation of business information not qualifying as

Stone v. Midwest City-Del City School District, The

District Court, W.D. Oklahoma · Feb 25, 2021

Josey, 975 F.2d 727 (10th Cir. 1992), actually held that the accidental strangulation of an elementary student failed to establish a constitutional deprivation. … See Ruiz, 299 2 Because Plaintiffs have failed to plead facts showing a constitutional violation, the individual defendants would also be entitled to qualified immunity.

United States v. Clark

429 F. Supp. 89 · District Court, W.D. Oklahoma · Jul 28, 1976

Cook, a well qualified attorney. On February 12,1975, the defendant Herman Tracy Clark and Mr. Cook appeared in court for the mental competency hearing. … It has never been suggested that the Indictment in this case was in any way defective and there clearly would be no basis for such an argument.

Thomas v. Wal-Mart Associates Inc

District Court, W.D. Oklahoma · Sep 29, 2023

“To establish a prima facie case of discrimination under the [ADA], a plaintiff must show that (1) [s]he is disabled as defined under the [ADA]; (2) [s]he is qualified, with or without reasonable accommodation by the employer … A plaintiff “meets the requirement of being ‘regarded as having [a qualifying] impairment’ if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an

Estate of Costner v. Phillips Petroleum Co.

121 F.R.D. 690 · District Court, W.D. Oklahoma · Aug 18, 1988

Defense counsel’s allegations were buttressed by the record developed at the August 11, 1988 hearing, which clearly established gross deficiencies by plaintiff’s coun *692 sel in violation of this Court’s orders. 3 Specifically … The latter two lists were clearly in violation of this Court’s June 10,1988 witness list deadline.

Zagaruyka and Associates v. HealthSmart Benefit Solutions Inc

District Court, W.D. Oklahoma · Oct 25, 2019

Examining the factual allegations in this manner, a Rule 12(c) motion should be granted if “the moving party has clearly established that no material issue of fact remains to be resolved and the party is entitled to judgment … However, the Kissee decision qualified its recognition of the common law by noting “that in Ro[d]gers v.