Case law

Harris v. Royal

District Court, W.D. Oklahoma · Jan 19, 2021

Accordingly, the Court finds that it is appropriate to permit Petitioner to supplement his previously identified evidence of adaptive behavior deficits by allowing a qualified expert to complete a formal adaptive behavior … See Smith, 935 F.3d at 1077 (“Atkins clearly establishes that intellectual disability must be assessed, at least in part, under the existing clinical definitions applied through expert testimony” and recognizing “the

Federal Deposit Insurance v. First National Bank & Trust Co.

496 F. Supp. 294 · District Court, W.D. Oklahoma · Jan 4, 1980

When returned the collateral only amounted to $1,756,489.92 and $96,653.59 of that did not conform to the loan agreement *296 as it was more than 60 days delinquent and did not qualify as collateral. … Brady, 80 Okl. 299 , 196 P. 346 (1921) hold that when the terms of a written contract *299 are plain and simple, and the language clearly shows the intent of the parties, there is no need to apply technical rules of construction

Federal Nat. Bank v. New York Life Ins.

57 F. Supp. 924 · District Court, W.D. Oklahoma · Nov 11, 1944

The evidence discloses that the plaintiff has so established this fact conclusively Having thus established this fact, what effect did the assignment have, so far as it concerned Allen J. Cam mack? … These provisions clearly gave the insured the right to change the beneficiary without the latter’s consent.” Under the .authorities, the conclusion is inescapable that there was no necessity for Minnie O.

Dia

District Court, W.D. Oklahoma · Mar 6, 2026

The undersigned’s reading is bolstered by the fact that § 1225 establishes an inspection scheme for when to let aliens into the country. … And while a noncitizen arrested in the Midwest might qualify as “an alien present in the United States who had not been admitted,” § 1225(a)(1), the mandatory detention provision upon which Defendants rely, limits its

Lindsay v. United States

District Court, W.D. Oklahoma · Sep 20, 2021

establish that there was a disclosure, summary judgment for the defendant is appropriate. … that a wrongful disclosure occurred, “when the individual pieces of evidence in this case are viewed together, a picture of wrongful disclosure clearly emerges.”

Strickland

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

Strickland opposed that motion and filed a Motion for Proof of Authority, arguing (1) Discovery Products, Inc., not Discover Bank, was the proper party in interest, (2) Stephen Bruce & Associates had not established its … Stan Lee Media, 774 F.3d at 1298 (citation omitted) (finding the Ninth Circuit’s prior dismissal for failure to plead a viable cause of action qualified as a final adjudication on the merits).

Ramirez v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Mar 25, 2025

’s own “statement of symptoms, a diagnosis, or a medical opinion” is not sufficient to establish the existence of an impairment. 20 C.F.R … However, the ALJ clearly found this portion of Dr. Horton’s opinion persuasive, incorporating it into the RFC.

Asatov

District Court, W.D. Oklahoma · Jun 22, 2026

He asserts that [a]n Immigration Judge determined that I qualify for asylum and allowed me to remain in the United States. … The Government Should Be Required To Establish Flight and/or Dangerousness By Clear and Convincing Evidence.

Watkins v. Property Management Service Incorporated

District Court, W.D. Oklahoma · Feb 16, 2024

To establish a prima facie case, Plaintiff generally must show: (1) [he] is a member of a racial minority; (2) [he] applied for and was qualified to … Although not clearly articulated, the following reasons can be gleaned from Defendants’ argument: 1) Defendants do not control which properties are included in PMSI’s rent-to-own program, and the residence Plaintiff was

Scuderi v. Mammoth Energy Services Inc

District Court, W.D. Oklahoma · Sep 13, 2019

“Courts recognize that, while the appointment of counsel is subject to the court’s approval, [s]electing a lawyer in whom a litigant has confidence is an important client prerogative and . . . the [PSLRA] clearly leaves … In reviewing a movant’s selection of lead counsel, the court should consider whether counsel is “qualified, experienced[,] and able to vigorously conduct the proposed litigation.” Darwin v.

Betterton v. World Acceptance Corporation

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

employment while he was receiving cancer treatment, Plaintiff’s claim is not preempted by ERISA. 7 Plaintiff does not contest that the argument of counsel at the hearing qualifies … Finally, the record as to Plaintiff’s coercion allegations remains too unclear to establish complete preemption.

Gallegly v. Cordell Memorial Hospital Foundation

District Court, W.D. Oklahoma · Dec 19, 2023

“While the 12(b)(6) standard does not require that Plaintiff establish a prima facie case in [the] complaint, the elements of each alleged cause of action help to determine whether Plaintiff has set forth a plausible claim … Defendants’ claim of qualified privilege suffers from the same defect as their argument regarding Defendants’ primary intent.

Garrett Development LLC v. Deer Creek Water Corporation

District Court, W.D. Oklahoma · Aug 16, 2021

The evidence at trial clearly showed that Deer Creek is requiring Garrett to bear all risks associated with drilling the four wells. The well construction, however, is under Deer Creek’s purview. … To qualify for protection from curtailment, the water provider must (1) have a continuing indebtedness to the FmHA and (2) have provided or made service available to the area. Rural Water Dist.

Allen v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · May 4, 2023

The Ruling also provides that “only a primary headache disorder” qualifies “as an MDI.” Id. at *5. … Plaintiff’s headache disorder is clearly secondary to his traumatic brain injury suffered in November 2016.

Morgan v. Provident Life and Accident Insurance Company

District Court, W.D. Oklahoma · Jan 25, 2024

See Def.’s Mot. at 3. 3 Defendant qualifies this statement with a condition: “other than reflected in the exhibits identified by the parties.” Id. … The admissibility of such evidence is governed by Rule 701, which permits opinion testimony “that is: (a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony

Singh

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

Under § 1225(b)(2)(A), “in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted … And while a noncitizen arrested in the Midwest might qualify as “an alien present in the United States who had not been admitted,” § 1225(a)(1), the mandatory detention provision upon which Defendants rely, limits its

Chrisman v. Oklahoma County Board of County Commissioners

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

Bernard, 452 U.S. 89, 102 n.16 (1981) (internal quotation marks omitted) (to establish good cause for a protective order, courts require “a particular and specific demonstration of fact, as distinguished from stereotyped … unqualified persons were hired at low pay, that the jail was grossly understaffed, that jail funds were misappropriated, or that a lack of funding contributed to the county’s failure to attract qualified personnel.

Rouse v. United States

District Court, W.D. Oklahoma · Dec 4, 2023

Because Defendant was clearly advised of the penalty provision and the applicable maximum penalty, she has failed to demonstrate either deficient performance or prejudice and her claim necessarily fails. B. … The parties further agreed that Defendant should receive a 2-level downward adjustment for acceptance of responsibility, and to the extent the Court found Defendant qualified for the downward adjustment, the Government

Morgan v. Provident Life and Accident Insurance Company

District Court, W.D. Oklahoma · Mar 30, 2023

November 21, 2019, stating that Plaintiff had Total Disability coverage beginning March 17, 2019, and Residual Disability 6 The 1990 Amendment “liberalized” the requirement “to be under the care of a Physician in order to qualify … Clearly then, Plaintiff is required to show a causal connection between his March 2019 injury or sickness and his continued loss of work income. 12 Defendant points to the inclusion of an appropriate care requirement

Warmoth v. Medtronic Inc

District Court, W.D. Oklahoma · Jun 9, 2023

The Supreme Court has established a two-part test to evaluate a claim for express preemption: (1) “whether the Federal Government has established requirements applicable to” the medical device; and (2) whether … immune from state tort suits that seek to impose different or additional safety-related duties like those alleged here.” Caplinger, 784 F.3d at 1345; see also Carrelo v. Advanced Neuromodulation Sys., Inc., 777 F.