Case law

McKinnon v. Cairns

698 F. Supp. 852 · District Court, W.D. Oklahoma · May 5, 1988

Liability may also be established secondarily upon a showing that defendants aided and abetted the primary violator. To establish aider and abettor liability, the plaintiffs must show: 1. … Accordingly, plaintiffs have clearly stated a claim for relief under Count III and defendants’ Motions to Dismiss Count III are hereby DENIED. 8 IX.

United States v. Hall

424 F. Supp. 508 · District Court, W.D. Oklahoma · Aug 25, 1975

The transactions between Taylor and Hall cannot be held to have immunized both for their transgressions against Rogers. … ‘Personal’ characterizes clearly the prejudgment guarded against. It is the significant word of the statute.” In United States v.

Burnett v. Pettigrew

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

“Only Supreme Court law announced by the time of the state-court decision on the merits qualifies as clearly established law.” Wellmon, 952 F.3d at 1245 (internal quotation marks omitted). … If clearly established federal law exists, this court then considers whether the state court decision was contrary to or an unreasonable application of that clearly established federal law.

Tyner v. Hi Q Inc

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

Health IQ, however, has not proffered any evidence to demonstrate that it qualifies as “CAC” or one of the “Marketing Partners” at the time Tyner completed the web form.2 In its briefing, Health IQ, relying upon … The web form at issue did not “clearly authorize” Health IQ to deliver or cause to be delivered to Tyner telemarketing messages using an artificial or prerecorded voice.

Ioszpe v. Unifin Inc

District Court, W.D. Oklahoma · Aug 28, 2025

A “commercial telephone 5 To be certain, the Court is aware of the technical specificities that are required to qualify as an ATDS. See Facebook, Inc. v. … Unifin claims, without any legal support, that the four calls to Plaintiff “clearly is neither intentionally intrusive nor highly offensive” to a reasonable person. Mot. [Doc. No. 8] at 13–14.

Farmers' Gin Co. v. Hayes

54 F. Supp. 47 · District Court, W.D. Oklahoma · Dec 28, 1943

ginning cotton for the general public in said state and has its principal place of business at Watonga, Blaine County, Oklahoma, where it operates a cotton gin; that the defendant Hayes is the duly appointed, acting and qualified … from the discussion in the two opinions that the pur *55 pose of Congress, in using the term public utility, was to exclude a regulation which would be made by a public agency authorized by law to fix rates, and there was clearly

Ohio v. Crofters, Inc.

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.

Garrett Development LLC v. Deer Creek Water Corporation

District Court, W.D. Oklahoma · Jan 12, 2021

To qualify for a loan under this federal scheme, the recipient must fall under the classifications outlined in § 1926(a). … In passing § 1926(b), “Congress clearly acted within its powers.” Id.

United States v. Reed Roller Bit Company

274 F. Supp. 573 · District Court, W.D. Oklahoma · Jun 23, 1967

Such a company will have an established reputation and expertise as a manufacturer and marketer in the oil field drilling equipment industry. … Finally, the evidence clearly shows that Reed’s research and development program is far larger and more active than was American Iron’s.

Andrew v. Unisys Corp.

936 F. Supp. 821 · District Court, W.D. Oklahoma · May 7, 1996

Where the government contractor defense applies the defendant manufacturer is immune from liability under state law. See Carley v. Wheeled Coach, 991 F.2d 1117 (3d Cir.1993). A. … Clearly, Burroughs could not have made unilateral changes to the MPLSM, including the addition of warnings, markings or labels, without prior Postal Service approval.

Dowell v. BOARD OF EDUCATION OF OKLAHOMA CITY PUB. SCH.

338 F. Supp. 1256 · District Court, W.D. Oklahoma · Feb 1, 1972

Eibling, Superintendent of Schools, Columbus, Ohio, as being a person who is an expert in the field of education and in the field of school administration and one who is competent and qualified to evaluate, analyze, and propose … Only one junior high (Eisenhower) and the one middle school, Rogers, (grades 6-8), can clearly be said to have lost their racial identity.

C.H. (Skeet) Smith Trucking Co. v. Bill Hodges Trucking Co.

671 F. Supp. 1329 · District Court, W.D. Oklahoma · Oct 5, 1987

The doctrine has become an exception to, or immunity from, Sherman Act liability. … The Razorback Court held that improper interference is one where there are illegal “practices such as perjury, fraud, conspiracy with or bribery of governmental decision-makers, or misrepresentation, or is so clearly baseless

Harris v. United States

District Court, W.D. Oklahoma · Jul 29, 2024

. § 4A1.1(d), establishing a total criminal history score of 14 and a criminal history category of VI. … guilty to the § 922(g)(1) charge and the court has rejected his constitutional challenge to the § 922(g)(1) conviction, defendant’s challenge to the government’s ability to satisfy the third element at trial is clearly

Coffey v. Freeport-McMoran Copper & Gold Inc.

623 F. Supp. 2d 1257 · District Court, W.D. Oklahoma · Apr 27, 2009

The court finds that activity suffices to establish Oklahoma as BZC’s principal place of business. … As the sole owner and operator of the smelter, BZC clearly played a principal role in the alleged contamination.

Sarnowski v. Commissioner of Social Security Administration

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

Social Security Ruling 85-28 requires that the evidence “clearly establish[ ]” that the impairment is not severe. … If such a finding is not clearly established by medical evidence, however, adjudication must continue through the sequential evaluation process. SSR 85-28, 1985 WL 56856, at *3 (emphasis added).

Central Okl. Preservation A. v. OKL. CITY, ETC.

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.

Comanche Nation v. Ware

District Court, W.D. Oklahoma · Sep 30, 2024

They relatedly argue that they are immune to RICO claims due to their status as sovereign officials. See id. … Schrier, 427 F.3d at 1258 (internal quotation marks omitted) (noting that a preliminary injunction is “to be provided with caution” and “only in cases where the necessity for it is clearly established”

In re Longhorn Securities Litigation

573 F. Supp. 255 · District Court, W.D. Oklahoma · Sep 28, 1983

When read in light of these considerations, the plaintiffs’ allegations are clearly sufficient. … It is well established that a complaint should not be dismissed for failure to state a claim “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to

Farlow v. Peat Marwick Mitchell & Co.

666 F. Supp. 1500 · District Court, W.D. Oklahoma · Jul 20, 1987

Liability may also be established secondarily upon a showing defendants aided and abetted the primary violator. To establish aider and abettor liability, the plaintiffs must show: 1. Fraud by the primary violator; 2. … The Tenth Circuit has clearly set the parameters for liability in securities cases dealing with “omissions” in Windon Third Oil and Gas Drilling Partnership v.

Moss v. Burkhart

207 F. Supp. 885 · District Court, W.D. Oklahoma · Aug 8, 1962

The effect of such an injunctive decree would be to disrupt a long established electoral system on unsettled facts. … The following guidelines or standards are established: 1.