Case law

Harp v. Barr

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

’” (2) “Her ability to think clearly and reason definitively is still unbalanced.” (3) “Ms. … Under the first step of that framework, a plaintiff must establish a prima facie case by showing: “1) she was disabled, 2) she was otherwise qualified, 3) she requested a plausibly reasonable accommodation, and 4) the [

Strawn

District Court, W.D. Oklahoma · Aug 13, 2026

Third, Defendants argue they are entitled to qualified immunity. Id. at 12-14. The undersigned recommends that the Court convert the Motion to one for summary judgment. … immunity.

Shurtz v. Newkirk Public Schools

District Court, W.D. Oklahoma · Nov 19, 2019

To establish a prima facie case of ADA association discrimination, Plaintiff must show that she was “qualified” for the job at the time of the adverse employment action, that she was subjected to adverse employment action … to establishing “but for” causation.

Nickell v. Department of Human Services

District Court, W.D. Oklahoma · Apr 10, 2020

Plaintiff seeks to add jurisdiction and venue allegations, which is not necessary, as federal jurisdiction was established in the Notice of Removal premised on Plaintiff’s constitutional claims. … Clearly given Ms. 5 To the extent Plaintiff seeks declaratory relief his claims would similarly fail.

Strawn

District Court, W.D. Oklahoma · Aug 13, 2026

Third, Defendants argue they are entitled to qualified immunity. Id. at 12-14. The undersigned recommends that the Court convert the Motion to one for summary judgment. … immunity.

Kierl-Allen v. Salvation Army Arkansas Oklahoma Division

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

This evaluation qualified her for a merit raise. … Plaintiff’s claim clearly meets the first two elements, and TSA appears to concede that it meets the third. [Doc. No. 56 at p. 28].

Galbraith

District Court, W.D. Oklahoma · May 7, 2026

(ii) The complaint must clearly state what each defendant— typically, a named government employee—did to violate Plaintiff's civil rights. See Bennett v. … (v) Grievance denial alone with no connection to “violation of constitutional rights alleged by plaintiff, does not establish personal participation under § 1983.” Gallagher v.

Earles v. Cleveland

District Court, W.D. Oklahoma · Sep 23, 2019

After Bosh, the Oklahoma Legislature amended the OGTCA to specify that the State’s immunity from suit extended to torts arising from alleged violations of constitutional rights. Barrios v. … A plaintiff establishes a prima facie case of gender discrimination in an employment termination by showing that “(1) she belongs to a protected class; (2) she was qualified for her job; (3) despite her qualifications,

Meadows v. The City of the Village, Oklahoma

District Court, W.D. Oklahoma · Nov 3, 2021

“[A] motion for summary judgment should be granted only when the moving party has established the absence of any genuine issue as to a material fact.” Mustang Fuel Corp. v. … immunity.

Agi Consulting L. L.C. v. Am. Nat'l Ins. Co.

378 F. Supp. 3d 1056 · District Court, W.D. Oklahoma · Mar 28, 2019

P. 15(c) ), amendment of Plaintiff's complaint at this stage of the litigation to more clearly articulate its ERISA claims would be futile. … [P]laintiff also have actual knowledge that th[ose] facts establish[ed] a cognizable legal claim under ERISA ... to trigger the running of the statute." Wright , 349 F.3d at 330 .

Wonsch v. Crow

District Court, W.D. Oklahoma · Feb 17, 2022

And to the extent that Petitioner believes the alleged concealment or destruction qualifies as a fundamental miscarriage of justice such that he might bypass § 2244’s one- year limitation period, he is mistaken. … to explain why the documents held by the state were necessary to pursue his federal claim.”12 Petitioner did not need the transcripts or files in hand in order to seek post-conviction review of any alleged errors, as clearly

Morgan v. Midwest Regional Medical Center LLC

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

Clearly, resolution of this dispute raises a question of fact which cannot be resolved at this stage. … Thus, Plaintiff has established a prima facie case.

Eaves v. Penn

426 F. Supp. 830 · District Court, W.D. Oklahoma · Jan 7, 1977

The Court finds that the name of an established and well-known business is a valuable asset. 26. … Rather, it is the effect of such action in this particular case, and the manner in which that decision was made and carried out, which is clearly violative of the protections intended to be derived from ERISA.

Bley v. Independent School District No I-041 of Oklahoma County

District Court, W.D. Oklahoma · May 9, 2023

The second element requires Plaintiff to show that she is a qualified individual. … 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

Hancock v. Harpe

District Court, W.D. Oklahoma · Sep 17, 2024

The Tenth Circuit concluded that the plaintiff “fail[ed] to allege any facts showing how his property was taken for public use in violation of the Fifth Amendment,” thereby entitling the agents to qualified immunity on … Leaving aside the fact that he cannot amend his Complaint through Objection, Plaintiff’s additional allegations in his Objection do not establish a property interest protected by the Due Process Clause.

Drum v. United States

193 F. Supp. 275 · District Court, W.D. Oklahoma · Aug 15, 1960

mile for back-haul of the Company’s raw materials, (2) payments under the agreement shall be made weekly, (3) motor vehicles covered by the agreement shall be operated by an employee of the Company who shall be properly qualified … In the instant case both the form and the substance of the arrangements as revealed by the lease agreements, union contract and actual operations, clearly point to the fact that what is involved here is private carriage on

Inter Insurance Agency Services Ltd. v. Insurance Department of the State of Oklahoma

District Court, W.D. Oklahoma · Jul 15, 2024

On June 18, 2024, the OID and Mulready (the “Movant Defendants”) moved to dismiss this action for lack of personal jurisdiction, lack of proper venue, and because the Insurance Department and Mulready are purportedly immune … communications sent between Defendants in Oklahoma and Plaintiffs in the Eastern District—these events did not directly give rise to the claims brought by Plaintiffs nor do they bear a sufficiently close nexus to the claims to qualify

Thomas v. Pauls Valley Boomarang Diner, LLC

320 F. Supp. 3d 1253 · District Court, W.D. Oklahoma · Jul 5, 2018

. § 216 (b) and whether Congress "clearly state[d] that a threshold limitation on [its] scope shall count as jurisdictional." *1258 2 Arbaugh v. … A "striking[ly]" broad definition, "the meaning of 'employee' ... cover[s] some parties who might not qualify as such under a strict application of traditional agency law principles." Id. (quoting Nationwide Mut. Ins.

Days Inns Worldwide v. Mandir, Inc.

393 F. Supp. 2d 1240 · District Court, W.D. Oklahoma · Jul 18, 2005

After carefully reviewing the relevant provisions of the Agreement, the Court is convinced that the parties’ intentions are clearly and unambiguously expressed in the contractual language. … “Since federal jurisdiction in this case is premised on diversity and the right to interest on a cause of action qualifies as a substantive right, [this Court] must look to New York law [to determine whether and to what extent

Manorcare of Oklahoma City (Southwest), LLC v. Oklahoma Lumbermen's Ass'n Health Plan Plus

996 F. Supp. 2d 1131 · District Court, W.D. Oklahoma · Jan 24, 2014

The Plan establishes a three-step appeals process for denied claims. The level one appeal is a review by a qualified person who was uninvolved with the initial denial. AR 44. … Friggeri took in the WCC proceeding and is being held liable only for amounts it would otherwise have owed anyway if a claim against it had been pursued and established in the first instance.