Case law

Miller v. Legacy Bank

District Court, W.D. Oklahoma · Apr 10, 2023

The movant bears the burden “to establish that the information sought [by the subpoena] is confidential and that its disclosure will result in a clearly defined and serious injury to the moving party.” Id. … But in each circumstance, Plaintiff fails to detail how “disclosure will result in a clearly defined and serious injury.” Transcor, Inc., 212 F.R.D. at 592.

Southern Nazarene University v. HES Facilities Management, LLC

District Court, W.D. Oklahoma · Apr 10, 2026

As stated above, the Court is not persuaded that SNU’s campus trees and landscaping qualify as “growing crops or plants” as contemplated by Section 3-82D. … Clearly, wrongful injury to timber is not a separate claim for relief, but merely an element and measure of damages.”).

Dabbs v. Shelter Mutual Insurance Company

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

They are inadmissible, however, insofar as they diagnose her condition as avascular necrosis or state how that condition causes limitations on major life activities, for those are clearly matters beyond the realm … The Court will not consider any of Gourrier’s statements which concern other person’s thoughts or motives or otherwise qualify as hearsay.

Murphy v. Commissioner of Social Security Administration

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

ALJ erred in his analysis of the SSA consultative 2 In his Opening Brief, Plaintiff notes that during the administrative hearing, the ALJ recognized that he never performed the job of inserter at a level that qualified … Eckert’s opinion persuasive (AR, at 18), but clearly rejected a portion of her findings. The ALJ’s RFC limiting Plaintiff to “routine, repetitive work” may incorporate Dr.

Graham v. National Union Fire Insurance Company

District Court, W.D. Oklahoma · Aug 8, 2025

The parties do not dispute the Policy constitutes a contract, nor do they dispute any facts establishing contract formation. … Here, as NUFIC acknowledges, Holt clearly was not running away or intending to leave the vehicle for any prolonged period of time.

Viviani v. Coffey and Associates Inc

District Court, W.D. Oklahoma · May 12, 2023

burden-of-proof scheme established in McDonnell Douglas Corp. v. … Green, 411 U.S. 792 (1973).90 Under that scheme, a plaintiff must first establish a prima facie case of retaliation.91 To establish a prima facie case of retaliation under the FLSA, a plaintiff must show

Hancock v. American Telephone & Telegraph Co.

804 F. Supp. 2d 1196 · District Court, W.D. Oklahoma · Aug 11, 2011

Sections 3 and 4 of the Act “establish[ ] [the] procedures by which federal courts implement [section] 2’s substantive rule.” Rent-A-Center, 130 S.Ct. at 2776 . … Bollinger’s claims therefore qualify as “Arbitration Claims” because they are claims “based in whole or in part upon the Service(s) ...,” Doc. 56-1 at 74, ¶ 13(a), provided by BellSouth.

Jenkins v. CACI Inc - Federal

District Court, W.D. Oklahoma · Oct 23, 2023

Because the charge of discrimination was clearly filed more than 300 days from the date she was terminated and was no longer in the office, and Shaffer has not proffered any evidence to warrant equitable tolling … Shaffer can establish the third prong of the McDonnell Douglas framework in various ways, such as “[she] was qualified for [her] job . . . and [] the job was not eliminated after [her] discharge,” “actions or remarks made

Johnson v. Moon

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

However, it is not necessary to resolve whether Heck applies because Plaintiff’s claims are clearly untimely. … However, Plaintiff’s subjective beliefs regarding the ethical duties of a United States Marshal are not sufficient to establish unlawful acts on the part of Defendant Moon.

Quintessa LLC v. ERB Legal Investments LLC

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

Clearly the first factor weighs in favor of the Plaintiff who chose to file this action in Oklahoma. … Federal courts are qualified to apply various states’ laws. Bartile Roofs, 618 F.3d at 1169.

Terlecky v. Lowes Home Centers LLC

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

“When such an act qualifies as a cause, the original negligence mutates into a mere condition and as a matter of law is no longer actionable.” Lockhart, 943 P.2d at 1079 (emphasis omitted). … Here, again, the summary-judgment record does not clearly establish whether the tongue on the flower rack involved in the May 2nd incident was damaged prior to leaving the Color Ink facility, during delivery to the Store

Hartford Life and Accident Insurance Company v. Jones-Atchison

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

Preemption of State Law Claims ERISA’s preemption provision is “broadly worded” and “clearly expansive.” Egelhoff v. Egelhoff ex rel. Breiner, 532 U.S. 141, 146 (2001). … David’s sworn affidavit, nor have the Children cited any controlling case law requiring a plan administrator to investigate the veracity of sworm statements regarding the existence of surviving children or other qualifying

Blaik v. Health Care Service Corporation

District Court, W.D. Oklahoma · Sep 23, 2021

Further, Defendant bears the burden to establish its affirmative defense by identifying “allegations in this lawsuit that were clearly inconsistent with [specific] statements” in the prior case. … Under Oklahoma law, A.B. must establish the following essential elements to establish a breach of contract claim: a contract between the parties existed; the contract required certain payments to be made or obligations

Champlin Refining Co. v. Corporation Commission of Oklahoma

51 F.2d 823 · District Court, W.D. Oklahoma · Aug 11, 1931

And, in our opinion, are clearly within the competency of the Legislature. … Section 4 clearly contemplates markets and not an equal distribution of the oil in a common pool.

Alvarado

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

Servs., Policy Alert: Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners (June 14, 2021) [hereinafter Policy Alert]. … Clearly the chronology of the process is not as fixed as Defendants suggest. . . . “USCIS clearly wields sole and unadulterated discretion to set forth, abide by, and eliminate the BFD process.”

Jenkins v. CACI Inc - Federal

District Court, W.D. Oklahoma · Oct 23, 2023

Because the charge of discrimination was clearly filed more than 300 days from the date she was terminated and was no longer in the office, and Shaffer has not proffered any evidence to warrant equitable tolling … Shaffer can establish the third prong of the McDonnell Douglas framework in various ways, such as “[she] was qualified for [her] job . . . and [] the job was not eliminated after [her] discharge,” “actions or remarks made

Doughty v. Commissioner of Social Security Administration

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

In his evaluation, the ALJ provided evidentiary support in the form of specific page citations to the record, clearly articulated for this Court’s review. … State agency medical consultants are “highly qualified and experts in Social Security disability evaluation.” 20 C.F.R. § 404.1513a(b)(1).

Electrical Research Products, Inc. v. Home Amusement Co.

6 F. Supp. 367 · District Court, W.D. Oklahoma · Feb 15, 1934

The court is of the opinion that the rule is too well established for any doubt to exist. … In No. 4613 the plaintiff is clearly entitled to judgment as prayed for in its petition. Exception allowed defendant in each ease. Forms of judgment may be submitted consistent with this opinion.

In Re Farmers Insurance Co., Inc., FCRA Litigation

738 F. Supp. 2d 1180 · District Court, W.D. Oklahoma · Sep 20, 2010

Even though the Ashby plaintiffs knew that the new-business insureds were entitled to an FCRA notice, the court concluded that “the absence of a clearly established baseline for determining which new insureds must receive … The court therefore concludes that the absence of a clearly established baseline does not preclude a jury finding that defendants willfully violated the FCRA by failing to provide adequate adverse-action notices to new-business

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. v. LOWE

District Court, W.D. Oklahoma · Feb 25, 2022

P., on the claim for relief which most clearly remains in dispute, specifically, PETA’s claim that it is entitled to a declaration that Lowe’s past acts with respect to the lions identified as Amelia, Leo, Nala and Kahari … Lowe’s failure to provide adequate nutrition to the lions was a cause of painful, injurious bone deformities, injuries to the lions’ growth and immune systems, and other preventable injuries documented in the