Case law

McGinley v. American Dump Trucks Inc

District Court, W.D. Oklahoma · Sep 30, 2021

Section 11-309(2) provides that “[w]henever any roadway has been divided into two or more clearly marked lanes for traffic, . . . … violation of title 47, section 6-307 of the Oklahoma Statutes, which prescribes that “[a]ny person . . . who is the owner of any motor vehicle and knowingly permits such motor vehicle to be operated by any person who is not qualified

Karen Johnson, individually and as Personal Representative of the Estate of Matilda Tidwell, deceased v. PF Crystal Park SNF OPS, LLC; & Stonegate Senior Living, L.P.

District Court, W.D. Oklahoma · Dec 23, 2025

Pursuant to 42 C.F.R. § 483.70(d)(1), qualifying skilled nursing facilities “must have a governing body, or designated persons functioning as a governing body, that is legally responsible for establishing and implementing … The names of the members of the governing board who establish the policies are clearly relevant to Plaintiffs assertions of Defendant’s direct negligence.

Green v. Oklahoma Gas and Electric Services Corporation

District Court, W.D. Oklahoma · Mar 12, 2025

The Supreme Court recently clarified that an adverse employment action need not be “significant” in order to qualify as such. Muldrow, 601 U.S. at 355. … This clearly alleges Plaintiff’s work schedule is to accommodate her disability.

Tedder v. Commissioner of Social Security Administration

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

Plaintiff bears the “step three burden to present evidence establishing her impairments meet or equal listed impairments[.]” Fischer-Ross v. Barnhart, 431 F.3d 729, 733 (10th Cir. 2005). … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan, 493 U.S. at 530.

Wanjiku

District Court, W.D. Oklahoma · Jul 8, 2026

As this Court has already stated, the existing record clearly shows Petitioner is not entitled to relief. Moreover, the videos have already been produced in full. … Likewise, a judge’s ordinary efforts at courtroom administration, even if stern and short-tempered, are “immune” from charges of bias and partiality.

Foust v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jul 18, 2025

Finally, in evaluating a claimant’s subjective statements, the ALJ must “provide specific reasons for the weight given to the [claimant’s] symptoms, [which are] consistent with and supported by the evidence, and [ ] clearly … Plaintiff acknowledges the ALJ’s report of Plaintiff’s ability to perform daily activities with breaks, but Plaintiff insists that this qualifier (taking breaks) fails to “meaningfully address” evidence that

Carter v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jun 28, 2022

To satisfy this burden, a claimant must establish that her impairment “meet[s] all of the specified medical criteria. … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 (1990) (emphasis omitted).

Williams v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Oct 4, 2019

• Communication: Receptive (hearing, reading, attention span, processing information); • Interpersonal Skills: Establish/maintain relationships/ … Second, the ALJ clearly discounted Ms. Kroeker’s opinion based on the timing of her letter in relation to when Plaintiff began outpatient psychiatric treatments. (TR. 22).

Blackburn v. Webb

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

quotation marks omitted), a “prevailing defendant[] [is] only to be awarded attorney’s fees when the plaintiff’s claim is ‘frivolous, unreasonable, or groundless, or [when] the plaintiff continued to litigate after it clearly … In some cases, there are activities that would qualify for a fee award in the same entry as activities that would not. Similar to the above, these entries lack precision sufficient to award fees.

Nelson v. Crow

District Court, W.D. Oklahoma · Sep 15, 2020

Limitations period established by the Antiterrorism and Effective Death Penalty Act of 1996. … In Martinez, the state court determined that it was not “clearly established law” but a question that B. Availability and effect of tolling on the limitation period. 1.

Hancock v. Behenna

District Court, W.D. Oklahoma · Oct 27, 2023

The OCCA found “no clearly erroneous deviation from or misapplication of the statutory standard.” OCCA Summ. Op. at 5; cf. State ex rel. Smith v. Neuwirth, 337 P.3d 763, 764-66 (Okla. Crim. … But even assuming these avenues for relief qualify as an underlying claim that could be “unduly hinder[ed]” by Defendants’ conduct, neither of these proffered causes of action will support an access to courts claim because

Courtney v. Commissioner of the Social Security Administration

District Court, W.D. Oklahoma · Jul 14, 2021

The reviewing physicians, who clearly considered Dr. Crall’s examination and findings, concluded otherwise. … Sometimes an expert’s withholding of such data, when combined with other aspects of the record, will prevent her testimony from qualifying as substantial evidence.

Moore v. Amazon.Com Inc

District Court, W.D. Oklahoma · Dec 27, 2022

Thus, they argue, Samsung has purposefully availed itself of Oklahoma’s market because it “deliberately uses its shared brand identity with other companies that very clearly target and serve the Oklahoma market.” … Samsung notes that its interaction with the battery “ends at the point of sale from [it] to the particular sophisticated, qualified customer.” Def.’s Decl. [Doc. No. 52] at 5.

Turner v. XL Specialty Insurance Company

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

Turner does not qualify for coverage under Section I(A) of the policy as he did not suffer a covered “Loss”. … Turner was nominally pleaded as a “defendant” in the Mueller lawsuit, the pleadings demonstrate clearly that he stood in the same posture as Mr.

Thomas v. Metropolitan Life Insurance

540 F. Supp. 2d 1212 · District Court, W.D. Oklahoma · Jan 10, 2008

and foresight to make, or at least consider making, some provision for the financial benefit of their survivors or for their own financial security in retirement — is arguably enough smaller than the citizenry at large to qualify … Id. 19 Established rules of statutory construction are then applied to resolve any ambiguity. Id.

Cerna

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

Respondents’ proffered evidence does not establish Petitioner may be detained under § 1226(c)(1)(A). … Radcliffe, 292 F.3d 1209, 1215-1216 (9th Cir. 2002) (“BIA case law has established three requirements which must be met for an admission to qualify as having been validly obtained.

Trillium Transportation Fuels LLC v. Integral Energy LLC

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

Read as a whole, Paragraph 10 establishes a series of mandatory dispute resolution processes—each denoted by the term “shall.”16 The “commonly repeated rule is that shall is mandatory,”17 and though the term may … Even in the context of particularly strong clear-statement rules, like waivers of sovereign immunity, courts do not impose “magic words” requirements if the intent of the relevant parties is “clearly discernable” from the

Malachowski v. United States

District Court, W.D. Oklahoma · Sep 27, 2021

These records clearly reflect that on October 31, 2008, Petitioner was apprehended by the U.S. Border Patrol, charged with being an “inadmissible” alien under 8 U.S.C. … Petitioner argues that he “qualifies as a lawful permanent resident” because: (1) he is a “registered North American Indian”; (2) “a finder of fact reasonably can conclude that 2 “The term ‘alien’ means any person not

Six v. American Fidelity Corporation

District Court, W.D. Oklahoma · Apr 28, 2023

“One way to [establish a prima facie case] is to show that (1) [Plaintiff] was a member of a protected class (2) who was terminated (3) despite being qualified for her position, and (4) the job wasn’t eliminated.” … Plaintiff relies on three categories of evidence to show she was qualified for her position.

Houts Law PLLC v. Amsterdam Printing & Litho Inc.

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

Co., 920 F.2d 1548, 1551-52 (10th Cir. 1990) (despite insurance agent’s prior assertions of immediate coverage, insured was bound to terms in insurance contract where he signed document that clearly stated certain conditions … Jan. 28, 2009) (party may allege equitable claim as alternative to contract-based claim but where parties’ relationship is clearly governed by a contract, i.e., when one or the other party will recover on its breach of