Case law

L Rothschild Express Trust v. Washington State of

District Court, W.D. Oklahoma · Dec 1, 2023

“[I]t is settled that the jurisdiction of a court of the United States must appear from distinct allegations, or from facts clearly proven, and is not to be established argumentatively or by mere inference.” … Fund, LLC, 749 F.3d 1180, 1190 (10th Cir. 2014) (noting the Court may raise the issue of   2 Moreover, the Eleventh Amendment grants immunity to the states

Vanlandingham

District Court, W.D. Oklahoma · Mar 18, 2026

When the testimony of an expert is challenged, the proponent of the testimony bears the burden of establishing its admissibility. United States v. Nacchio, 555 F.3d 1234, 1241 (10th Cir. 2009) (en banc). … Furin’s initial report fails to clearly identify the basis for her opinions or explain how certain standards or her experience lead to the conclusions reached. Dr.

Keenan v. Barnhart

375 F. Supp. 2d 1335 · District Court, W.D. Oklahoma · Feb 28, 2003

However, as noted above, the regulation clearly states that “[tjhese final rules have only a prospective effect.” … A claimant who does not qualify for benefits under the listings ... still has the opportunity to show that his impairment in fact prevents him from working. Sullivan v.

Williams v. Gray

District Court, W.D. Oklahoma · Oct 18, 2022

Parties may establish the existence or nonexistence of a material disputed fact through: ● submission of “depositions, documents, electronically stored information, … Cosar’s request to transfer 40 2 Defendant Gray also argues that she is entitled to summary judgment on grounds of qualified immunity, but the Court need not address this proposition, as summary judgment is appropriate

Powell v. Miller

104 F. Supp. 3d 1298 · District Court, W.D. Oklahoma · Apr 21, 2015

Powell is established by the Brady and Giglio cases. The breach is established by Mr. Miller’s own admission that he did nothing to provide the necessary information. • Exhibit 7. … immunity, survived Miller’s motion to dismiss: (1) those founded on Miller’s post-trial actions while still a State employee in which he did not act as an advocate for State; and (2) those based on Miller’s alleged efforts

Metropolitan Life Insurance v. Browning

839 F. Supp. 1508 · District Court, W.D. Oklahoma · Oct 29, 1993

“Under FEGLIA, ... the Office of Personnel Management (“OPM”) is authorized to purchase a group life insurance policy from a qualified private insurance company to provide life insurance benefits to eligible federal employees … Second, the death certificate clearly shows that West Browning-was the informant, not Wilson Ely as required. .

Saramosing v. Corbett

District Court, W.D. Oklahoma · Mar 24, 2023

But these alleged injuries are insufficient to establish Article III standing. I. Alleged Harm to Third Parties. … The “attenuated chain of inferences” necessary to find the harm Plaintiff alleges makes clear that such harm is not “clearly impending.”35 Several of Plaintiff’s other theories of injury suffer

Langley v. Nunn

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

Judge Erwin concluded that Petitioner failed to establish that the Oklahoma Court of Criminal Appeals’ decision on the merits was contrary to or an unreasonable application of clearly established federal law or that its … Habeas relief is only available when the decision of the state court is contrary to or an unreasonable application of clearly established federal law.

Schroeder v. United States

696 F. Supp. 1426 · District Court, W.D. Oklahoma · Oct 20, 1988

It is well settled that, in actions under section 7422, taxpayers bear the burden of proof of establishing their entitlement to a refund. See Helvering v. … If the Court accepts the government's view on the passing issue, there is clearly no basis for a *1429 marital deduction claim.

Foster v. Merit Energy Co.

282 F.R.D. 541 · District Court, W.D. Oklahoma · May 14, 2012

Rule 23(a) establishes four prerequisites to class treatment. … The contours of that relationship are established, in part, by the language of that lease.

Kohler Transport Inc v. Central States Trucking Co

District Court, W.D. Oklahoma · Apr 5, 2021

No. 46, p. 7 (“Kohler relied on ProDrivers to supply qualified drivers to transport Kohler cargo.”) 2 In its Answer to Kohler’s Complaint, CST’s negligence counterclaims include ordinary contributory negligence under … McCaleb was clearly trained regarding the federal regulations governing parking on the roadway’s shoulder because when questioned about setting out triangles after a stop, McCaleb answered that “the first [triangle] needs

Serpik v. Manning

District Court, W.D. Oklahoma · Aug 22, 2025

U.S.C. § 636(b)(1)(A)”).1 Plaintiff’s proposed amended complaint continues to contain many of the same deficiencies that were addressed in prior orders, including frivolous sovereign citizen theories, claims against immune … Moreover, Plaintiff has established a pattern of suing the various judges assigned to his case (as well as attorneys representing opposing parties) and/or seeking their recusal after receiving an unfavorable judicial ruling

Liddington v. Burns

916 F. Supp. 1127 · District Court, W.D. Oklahoma · Jan 26, 1996

The Supreme Court has' already established a constitutional right of parents to decide whether to prevent the conception or birth of a child. Roe v. … However, the Court finds plaintiffs have met their burden of establishing the existence of a genuine issue of material fact as to Dr. Short’s negligence.

Davidson v. United States

236 F. Supp. 264 · District Court, W.D. Oklahoma · Nov 17, 1964

No promises of immunity from prosecution or of securing a light sentence were made by the agent. … There is no evidence herein that the prisoner was taken advantage of in any way or manner and clearly his statements were made freely and .-voluntarily.

Central Oklahoma Preservation Alliance, Inc. v. Oklahoma City Urban Renewal Authority

471 F. Supp. 68 · District Court, W.D. Oklahoma · Jan 24, 1979

Clearly, no environmental assessments or clearances were required with respect to these contract amendments, and likewise, they had no possible effect upon the Hales Building. … The relationship between OCURA and HUD is entirely contractual and is established by the Loan and Grant Contract and amendments thereto.

Seattle-First National Bank v. Federal Deposit Insurance

619 F. Supp. 1351 · District Court, W.D. Oklahoma · Oct 15, 1985

According to this theory, the offset amounts constituted a “separate fund” augmenting the Receiver’s estate, thereby qualifying for preferred receivership distributions. … A claimant seeking to establish a preference in its favor under federal law “has a heavy burden of proof,” and “unless he clearly and certainly identifies” a specific fund or payment in the Receiver’s possession, cognizable

In Re Four Seasons Securities Laws Litigation

370 F. Supp. 219 · District Court, W.D. Oklahoma · Jan 18, 1974

Mere preponderance of the evidence is not sufficient to establish a constructive trust. Rather, it must be established by evidence which is clear, definite, unequivocal and satisfactory. … Mere preponderance of the evidence is not sufficient to establish a constructive trust. Rather, it must be established by evidence which is clear, definite, unequivocal and satisfactory.

Lindsey v. United States

693 F. Supp. 1012 · District Court, W.D. Oklahoma · Feb 9, 1988

In contrast to the previous record in the case, which clearly established that the government had agreed but failed to produce the records in question, Mr. … Oklahoma law ordinarily requires in a medical malpractice action that Plaintiff establish the alleged malpractice by the testimony of a qualified medical expert. Joplin v.

Figueroa

District Court, W.D. Oklahoma · Feb 5, 2026

Araujo Bermudez does Not Qualify as Petitioner’s “Next Friend.” Ms. Araujo Bermudez has not established the stringent criteria for “next friend” standing to bring a lawsuit on behalf of Petitioner. … The burden is on the next friend to “clearly . . . establish the propriety of his status and thereby justify the jurisdiction of the court.” Id. at 164; see also Jiron v. Swift, 671 F.

Simpson v. American Fidelity Assurance Co

District Court, W.D. Oklahoma · May 8, 2025

Establishing these prima facie elements “is not onerous.” Aubrey, 975 F.3d at 1005. … The first step of this framework requires the plaintiff to establish a prima facie case of discrimination by showing (1) that she is disabled within the meaning of the ADA; (2) she is qualified for the job held or desired