Case law

Marine Midland Business Loans, Inc. v. Carey (In re Carey)

112 B.R. 401 · District Court, W.D. Oklahoma · Nov 9, 1989

(In re New England Fish Co.), 749 F.2d 1277 (9th Cir.1984). 3 Analysis With respect to conversions of non-exempt property to exempt property, the law defining the “per se” rule is old and well-established. … If the bankruptcy court’s findings could be viewed as a mixed question of law and fact, this Court does not find them to be "clearly erroneous." Supre v. Ricketts, 792 F.2d 958, 961 (10th Cir.1986). .

Dowell v. Board of Education of the Oklahoma City Public Schools

307 F. Supp. 583 · District Court, W.D. Oklahoma · Jan 17, 1970

To understand the situation more clearly, it must be pointed out that the east and southeast portion of the original City of Oklahoma City was Negro, and all other sections and districts of the City of Oklahoma City were … As observed by Justice Brennan, 396 U.S. at 1216, 90 S.Ct. at 13 , 24 L.Ed.2d at 39 : “ * * * But the reasons given by the Court of Appeals for striking the balance in favor of the stay clearly supplied no support in law

Bevel v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Sep 27, 2019

Whether evidence qualifies for consideration by the Appeals Council is a question of law subject to review. 353 F.3d 1185, 1191 (10th Cir. 2003). … asks or work does not establish that a person is capable of engaging in substantial gainful activity.”)

O'KEEFE v. United States

490 F. Supp. 79 · District Court, W.D. Oklahoma · Feb 21, 1980

These findings are established by evidence furnished by two qualified medical experts, one, the surgeon who performed plaintiff’s hemipelvectomy, and a psychiatrist who evaluated plaintiff as to emotional impairment. … English, 521 F.2d 63 (9th Cir. 1975), reveals that the Ninth Circuit considers a trial court’s failure to discount expected future earnings to their net present value as clearly erroneous requiring reversal and remand of

Action Wholesale Liquors v. Oklahoma Alcoholic Beverage Laws Enforcement Commission

463 F. Supp. 2d 1294 · District Court, W.D. Oklahoma · Nov 15, 2006

although Granholm reviews some of the evidence regarding the economic detriment which the Michigan and New York laws caused to out-of-state wineries, the analysis contained in that decision indicates that the Supreme Court clearly … When this order refers to "in-state wineries” or "Oklahoma wineries,” or "in-state winemakers,” or "Oklahoma winemakers,” or makes similar references, it intends to denote winemakers or wineries which qualify under the statutory

Mitchell v. Ward

150 F. Supp. 2d 1194 · District Court, W.D. Oklahoma · Sep 3, 1999

The Oklahoma Court of Criminal Appeals’ decision is not in conflict with clearly established Federal law, as determined by the Supreme Court. Habeas relief on this issue is denied. M. … Petitioner has not cited, and this Court has not found, any case in which the Supreme Court has “clearly established” a due process right to allocution.

Advanta-Star Automotive Research Corporation of America v. Reynolds Ford Inc

District Court, W.D. Oklahoma · Sep 30, 2020

(“[T]he Complaint clearly contemplates that [Defendant] either made the copies itself or had a third party do so on its behalf.”). … All Rights Reserved.”), which is located at the bottom of the webpages submitted in Exhibit 1 of the Complaint, does not qualify as CMI under the statutory definition of that term.

Jonnada v. Liberty Mutual Insurance Company

District Court, W.D. Oklahoma · Nov 18, 2019

“One to whom, by the express terms of a contract, no obligation is due from its promissor, cannot qualify for the status of an intended or implied third-party beneficiary.” Id. … Based on the record, the Court finds that Liberty has clearly shown that Plaintiff cannot establish any negligence claim against Engineering. D.

Hill

District Court, W.D. Oklahoma · Jun 26, 2026

As a result, this job could not have qualified as PRW for the Title XVI claim with the relevant period being October 21, 2019 through October 21, 2024.3 The ALJ erred in concluding otherwise. … Clearly, the ALJ relied on this age category when applying the Grids. See TR. 25.

Alatorre v. Ole Mexican Foods Inc

District Court, W.D. Oklahoma · Nov 6, 2023

action, (3) she qualified for the position at issue, and (4) she was treated less favorably than others not in the protected class.” … Sexual assault is “conduct that clearly could be objectively viewed as threatening and severe.” Id. at 667 (citations omitted).

Bhatti v. SSM Health Care of Oklahoma Inc

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

There, plaintiff clearly testified that Mosier did not make the slurs directly to plaintiff’s face. … Thus, plaintiff’s rate of pay was established before the protected activity occurred.

Dowell v. Board of Education of the Oklahoma City Public Schools, Independent District No. 89

677 F. Supp. 1503 · District Court, W.D. Oklahoma · Dec 9, 1987

A census tract map of the Oklahoma City metropolitan area for 1960 clearly shows the historical concentration of black households in the east inner-city area. (Def. Ex. 2; Tr. 45). … The decisions of the Court of Appeals establishing these guidelines all point to one primary source of authority — the Supreme Court’s decision in United States v.

Braver v. Northstar Alarm Services LLC

District Court, W.D. Oklahoma · Jul 16, 2019

In or around February of 2016, NorthStar hired Yodel to generate qualified leads for NorthStar. … These facts are established on this record.

Sabine Corp. v. ONG Western, Inc.

725 F. Supp. 1157 · District Court, W.D. Oklahoma · Aug 9, 1989

their wells’ status qualifying them for Priority One, Two or Three. … To qualify, the applicant must show extreme, not merely unreasonable expense.

Reneau

District Court, W.D. Oklahoma · Aug 14, 2026

Background This action arises from a dispute over whether benefits are due under a qualified long-term care insurance policy. … implied-in-law duty to act in good faith and deal fairly with the insured to ensure that the policy benefits are received.’”33 However, “[t]he tort of bad faith does not foreclose the insurer’s right to deny a claim; an insurer clearly

Panhandle Eastern Pipeline Company LP v. Tarralbo

District Court, W.D. Oklahoma · Feb 8, 2022

Section 717f(h) appears to provide identical requirements to establish the Court’s subject-matter jurisdiction and for Plaintiff to obtain substantive relief. … Regardless, if Plaintiff satisfies the 717f(h) requirements, the Court clearly has subject-matter jurisdiction.

Wetselline v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jul 29, 2019

The ALJ did not specifically mention the factors in § 404.1527(c)(2)-(6), but he clearly had them in mind when he found that Dr. … State agency medical consultants are highly qualified experts in Social Security evaluation. See § 416.918a(b)(1).

Behar v. Certain Underwriters at Lloyds, London

554 F. Supp. 2d 1262 · District Court, W.D. Oklahoma · Apr 30, 2008

“[I]n Oklahoma, the established choice of law rule in contract actions known as lex loci contractus is that, unless the contract terms provide otherwise, the nature, validity, and interpretation of a contract are governed … The second is that they qualify as “participating members” under the policy because they were “employees” or a “real estate manager.” Neither argument is persuasive. (1).

Triplet v. Ninh

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

The Court must dismiss the complaint, or any portion of the complaint, if it is “frivolous, malicious, or fails to state a claim upon which relief may be granted” or seeks monetary relief from a defendant who is immune … Plaintiff thus establishes no Younger exception applies to his claims.

Brown v. Dynamic Gaming Solutions LLC

District Court, W.D. Oklahoma · May 13, 2024

Larson and Moen had previously decided that Plaintiff’s work qualified for “exempt” status. … Skaggs has testified that Plaintiff also told Remmers she should qualify for overtime pay and Remmers talked to Skaggs about it.