Case law

Mansell v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jan 26, 2022

Accommodation—the ability to switch focus to clearly see objects at different distances—is the result of the eye’s lens changing shape. Id. … April 9, 2009) (noting that an ALJ is not qualified to make a medical judgment); Thorn v. Barnhart, No. CIV 03-1398 WDS, 2004 WL 7337540, at *3 (D.N.M.

Mussman

District Court, W.D. Oklahoma · May 19, 2026

She clearly alleges Defendant Hammonds failed to yield to Mr. Mussman, who was on his right, as they approached an intersection. … § 391.11 (requiring drivers to be qualified, particularly by being at least 21, able to read English, properly trained or experienced, etc.).

Baker v. Ward

District Court, W.D. Oklahoma · Dec 11, 2020

However, the Supreme Court has clearly stated that “it is the duty of the [federal courts] … to ascertain … what the state law is and apply it rather than to prescribe a different rule, however superior it may appear from … “State law governs the application of tolling in a civil rights action” because Congress did not establish statutes of limitations or tolling principles under § 1983.

United States v. King

212 F. Supp. 3d 1113 · District Court, W.D. Oklahoma · Jan 21, 2015

Here, the court finds the following facts established by the evidence. Mr. … Stewart was clearly taking at the behest of the government. 16 Thus, even setting aside the change in Mr.

Washington v. Oklahoma City City of

District Court, W.D. Oklahoma · Sep 20, 2023

No. 174-6] at 66:3-4. 12 The Court previously dismissed Plaintiff’s claims against Officer Reynolds, holding that he was entitled to qualified immunity. … Nothing in the record establishes, or even suggests, that Defendants breached any duty owed toward Plaintiff in failing to adequately train Ms.

Royalty Petroleum Co. v. Arkla, Inc.

129 F.R.D. 674 · District Court, W.D. Oklahoma · Mar 5, 1990

The Court finds the facts, whether viewed objectively or subjectively, fail to establish good faith. … Stat. at Chap. 1, App. 3-A, R. 3.7(a) (qualified prohibition of trial advocate serving as a witness).

Zalesak

District Court, W.D. Oklahoma · May 11, 2026

To establish fraudulent joinder, the removing party has the “heavy burden” to prove either: (1) actual fraud in the pleading of jurisdictional facts; or (2) the inability of the plaintiff to establish a cause of action … Even if not clearly stated in their Petition, Plaintiffs have the opportunity through their remand briefing to articulate the basis for their constructive fraud/negligent misrepresentation claim and have failed to clearly

Wrenn

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

, and is not to be established argumentatively or by mere inference.” … Wrenn’s grammatical errors muddy the waters, but the allegation clearly characterizes the deferred prosecution agreement as “coerced.” Id.

Gatewood v. Hamidiy Inc

District Court, W.D. Oklahoma · Oct 5, 2023

State Law Claim To establish an unpaid wages claim under Oklahoma law, an employee must establish: “1) an employer-employee relationship; 2) wages are earned and … clearly alleged in the Complaint (Dkt. 1).

Black Emergency Response Team v. OConnor

District Court, W.D. Oklahoma · Jun 14, 2024

The requirement that one of the organization’s members have standing may be met even when the qualifying member is not identified by name. Id. at 949-50. … As detailed above, Plaintiffs have sufficiently established standing to challenge the second sentence of section 24-157(A)(1).

Earth Research Labs LLC v. Oklahoma State of

District Court, W.D. Oklahoma · Sep 26, 2023

Additionally, Plaintiffs allege that because one statute “affords an individual or company due process and the other does not, the statute affording due process clearly controls as a fundamental constitutional right pursuant … As the removing party, Defendant bears the burden of establishing the existence of federal subject-matter jurisdiction. McPhail v.

American Casualty Co. v. Federal Deposit Insurance

821 F. Supp. 655 · District Court, W.D. Oklahoma · May 12, 1993

It clearly and unambiguously reads that coverage shall cease, which broadly includes coverage by any discovery insurance already in effect. … However, Whelan qualified his answer with the statement that the question “would be really under the purview of the claims department.” See FDIC’s response brief at ex. 18, p. 96 (July 17, 1992).

United States v. King

231 F. Supp. 3d 872 · District Court, W.D. Oklahoma · Mar 6, 2017

Stewart does not contest this tracing, which in any event the government clearly established.” Id. at 129-30. … The evidence establishes quite clearly that King was not a passive proprietor.

Association Casualty Insurance Company v. Veerlakshmi, LLC d/b/a Best Western Glo

District Court, W.D. Oklahoma · Mar 12, 2026

Thus, “[e]xpert testimony was necessary to establish” that critical fact issue. Id. … Nos. 80, 99, 103] (containing no argument that Greene could be qualified as an expert on the causation issue); see also [Doc.

Legg v. Leaders Life Insurance Company

District Court, W.D. Oklahoma · Dec 6, 2021

But even “at the pleading stage, the plaintiff must ‘clearly...allege facts demonstrating’ each element.” Spokeo, 578 U.S. at 338 (quotation omitted). … But none of these alleged harms qualifies as a concrete injury for standing purposes.

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

Snider v. Administrative Committee Seventy Seven Energy Inc Retirement & Savings Plan

District Court, W.D. Oklahoma · Oct 8, 2021

The Plan was established on July 1, 2014, as a spinoff of Chesapeake’s retirement plan. … imposed by § 1104(a)(1)(C) requires a fiduciary to discharge his duties with respect to a plan “by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly

Stewart v. Turn Key Health Clinics LLC

District Court, W.D. Oklahoma · Aug 23, 2024

Instead, to establish municipal liability under § 1983, Plaintiff must establish three basic elements: (1) Cleveland County had an official policy or custom; (2) that “was enacted or maintained with deliberate indifference … App’x 814, 817 (10th Cir. 2016) (holding that notice was not established when a pattern or custom was not established).

Chennault v. Jackson County Jail

District Court, W.D. Oklahoma · Aug 27, 2025

in forma pauperis, the Court has a duty to screen the complaint and dismiss any part that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant immune … Cook, 945 F.3d 1253, 1258 (10th Cir. 2019) (explaining that “unless state law clearly bars the interposition of the federal statutory and constitutional claims, a plaintiff typically has an adequate opportunity to raise

Curtis v. Progressive Northern Insurance Company

District Court, W.D. Oklahoma · Jan 11, 2022

right of action, they have provided the governing standard: when a statute “expressly places the right of prosecution in a public entity, there can be no intent to create a private right of action.”26 Since Title 47 “clearly … Cases decided after Vining establish that a plaintiff must establish a breach of the underlying contract in order to maintain a bad faith claim, since “a determination of liability under the contract is a prerequisite