Case law

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.

Feldman v. Pioneer Petroleum, Inc.

606 F. Supp. 916 · District Court, W.D. Oklahoma · Feb 28, 1985

Clearly, the second and third factors weigh heavily in favor of Oklahoma. The fourth factor to be considered is the place where the relationship between Plaintiffs and Defendants arose. … production payments (a) Carved-out production payment. — A production payment carved out of mineral property shall be treated, for purposes of this subtitle, as if it were a mortgage loan on the property, and shall not qualify

Keller

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

June 5, 2009) (unpublished) (Oklahoma District Attorney’s Office is not a separate suable legal entity and does not qualify as a person subject to liability); Zapata v. … Accordingly, this first Younger factor is established. B. The criminal proceeding involves an important state interest. Clearly, Oklahoma has an important interest in enforcing its criminal laws.

Lane v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Sep 10, 2021

The determination “‘must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and … “Whether evidence qualifies for consideration is a question of law subject to de novo review.” See Padilla v. Colvin, 525 F.

Sherman-Harris-Golson v. Forest Park Police Department

District Court, W.D. Oklahoma · Dec 15, 2023

A plaintiff may establish the third prong in several ways, such as that she “was qualified for [her] job . . . and [] the job was not eliminated after [her] discharge,” “actions or remarks made by decisionmakers … to summary judgment because Golson cannot establish that the alleged sexual assaults qualify as objectively severe or pervasive conduct.

Cimarron Alliance Foundation v. City of Oklahoma City

290 F. Supp. 2d 1252 · District Court, W.D. Oklahoma · Sep 13, 2002

STANDARD OF REVIEW The summary judgment standard the Court must apply is well established. … In this case, the banners clearly displayed CAF’s logo on them, as well as that of a sponsor; there is nothing which portrays the name of Oklahoma City on them.

Houston & North Texas Motor Freight Lines, Inc. v. Local Union No. 886 of International Brotherhood of Teamsters

24 F. Supp. 619 · District Court, W.D. Oklahoma · Aug 8, 1938

Thus it was established that labor combinations came within the inhibitions of the Anti-Trust Act and that they were amenable to the Anti-Trust Laws. … class to the detriment of the general public, the rules of statutory construction forbid that the privilege be enlarged by resorting to a loose construction or by ignoring or slighting the qualifying words of the section

Phillips v. Hamilton

District Court, W.D. Oklahoma · Aug 26, 2024

The habeas court may grant habeas relief only if the petitioner can establish that the decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by … To establish cause, Petitioner must establish that “something external to the petitioner, something that cannot fairly be attributed to him” impeded his efforts to comply with the state’s procedural rule.

Bridges v. United States

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

Rather, section 2-401(A)(3)—a clearly divisible section of the Oklahoma statute, cf. … “Cause can also be established by showing that counsel rendered constitutionally ineffective assistance.” Id.

Willard v. State Farm Fire and Casualty Company

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

The Agents were aware that State Farm has a widespread and pervasive scheme whereby it denies or underpays claims, even when wind and/or hail damage is clearly shown, by using a narrow and limited definition of what constitutes … Apr. 7, 2025) (finding that “State Farm has failed to establish with complete certainty that Plaintiff cannot establish a negligent procurement claim against [the agent] in state court”) with Weichbrodt v.

Micro Consulting, Inc. v. Zubeldia

813 F. Supp. 1514 · District Court, W.D. Oklahoma · Sep 19, 1990

The business plan indicated that Micro Consulting had an established value of $4,600,000.00. … Thus, only proof of substantial similarity is needed in order for the plaintiff to establish this second element. 14.

Lacaze v. City of Oklahoma City

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

Under this framework, the plaintiff must first establish a prima facie case of discrimination. See id. at 802. … Kadota United States District Judge “Tn light of this disposition, the Court need not reach Defendants’ assertion of qualified immunity. 14

Wanjiku v. Immigration and Customs Enforcement

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

In their Motion to Dismiss, Respondents argue that the Petition should be dismissed because ICE is entitled to sovereign immunity, (see Doc. 18, at 8-9), the Court does not have mandamus jurisdiction, (see id. at 9-12) … Eligibility for mandamus relief requires a petitioner to establish that (1) he or she has a clear right to relief; (2) the respondent has a “plainly defined and peremptory” duty to perform the act in question; and (3)

Curry v. United States

District Court, W.D. Oklahoma · Dec 10, 2019

Defendant was clearly informed about the implications of an ACCA finding on his sentence. … Defendant fails to establish that counsel was constitutionally ineffective as set forth in Claim 6.

Cochlin v. Harvanek

District Court, W.D. Oklahoma · Jul 11, 2025

Application of Clearly Established Federal Law A state-court decision is unreasonable and contrary to clearly established federal law “if the state court arrives at a conclusion opposite to that … In a case based on ineffective assistance of council, the clearly established federal law was set forth in Strickland v.

Friedman v. Quest Energy Partners LP

261 F.R.D. 607 · District Court, W.D. Oklahoma · Sep 24, 2009

Specifically, the Court finds that the Ord Group’s interests are clearly aligned with the members of the Quest Resource Class because its claims are identical to the claims of the class. … Specifically, the Court finds that the Barretti Group’s interests are clearly aligned with the members of the QELP Class because its claims are identical to the claims of the class.

Fortelney v. Liberty Life Assur. Co. of Boston

790 F. Supp. 2d 1322 · District Court, W.D. Oklahoma · May 16, 2011

By letter dated November 16, 2005, Liberty informed Fortelney that he qualified for LTD benefits. … In a letter dated July 9, 2008, Liberty informed Carter that he qualified for LTD benefits.

United States v. Hardage

750 F. Supp. 1444 · District Court, W.D. Oklahoma · Oct 16, 1990

The language of this section “clearly defines the scope of intended liability under the statute and the elements of proof necessary to establish it.” Monsanto, 858 F.2d at 167 . … Establishment of Site-Specific Elements As discussed previously in this Order, the Court noted that in order to establish liability under section 107(a) of CERCLA the United States must first establish the following elements

Federal Home Loan Bank Board v. Empie

628 F. Supp. 223 · District Court, W.D. Oklahoma · Jul 25, 1983

If the cause of action, which the declaratory defendant threatens to assert, does not itself involve a claim under federal law, it is doubtful if a federal court may entertain an action for a declaratory judgment establishing … This Court does not find that “compelling circumstances” exist “indicating that the state court is much more qualified to hear the case.” Composite State Bd. of Med. Examiners, supra, at page 136.

Williams v. Jones City Town of

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

The context of these allegations clearly demonstrates that Plaintiff’s actions were taken in his capacity as Chief of Police, rather than as the exercise of options available to a mere concerned citizen. … Enid City 7 Because Plaintiff has failed to allege that the Board Defendants violated a federal constitutional right, the Court need not determine whether they would be entitled to dismissal based on qualified immunity