Case law

Luper v. Black Dispatch Publishing Co.

675 P.2d 1028 · Court of Civil Appeals of Oklahoma · Jan 16, 1984

Although failure to investigate does not in itself establish bad faith, the St. … We believe the trial court clearly erred in its judgment. After the first publication, unlike the defendant in St. Amant v.

R v. Fallin

District Court, W.D. Oklahoma · Sep 19, 2019

Schwartz’s discussion of qualified immunity (or discussions of qualified Nor are Plaintiffs’ arguments based in Bosh v. … Jan. 2, 2018) (“It is well recognized that personal immunities such as qualified immunity are separate and distinct from sovereign immunity under the Eleventh Amendment.” (quotation marks and citation omitted)).

Red River Construction Co. v. City of Norman

624 P.2d 1064 · Supreme Court of Oklahoma · Feb 24, 1981

Plaintiff’s allegations established it was the owner of a lease for the purpose of mining riverbed sand at the southern end of the city of Norman’s street called 24th Avenue S.W., on the north bank of the Canadian River, … The Court of Appeals then states the record clearly shows the activity was closed down by ordinance rather than by enjoining a nuisance after stating correctly that motive for passage of an ordinance is not properly considered

Goodwin v. State

68 Okla. Crim. 381 · Court of Criminal Appeals of Oklahoma · Feb 1, 1940

I have been promised no immunity; I now have two burglary charges pending in this court against me, Leo> Davis is dead, he was killed while burglarizing a house.” *385 That be bad burglarized not over three bouses since tbe … A number of witnesses qualified as character witnesses, and each testified that defendant’s reputation in the community in which he lives for truth and veracity was good, and as to being a law-abiding citizen it was good.

Dominic v. Creek Nation, State Insurance Fund

68 O.B.A.J. 1279 · Supreme Court of Oklahoma · Apr 8, 1997

Nor is at issue here Nation’s claimed sovereign immunity from suit. Rather, our focus must be on the rights of the injured claimant against Nation’s insurer. … construed to extend the estoppel act’s benefit to all disputes spawned by the insurer’s denial of its insured’s status as an employer covered by workers’ compensation liability. 18 This outer reach of estoppel’s application is clearly

Opinion No. (2011)

Oklahoma Attorney General Reports · May 27, 2011

A de jure officer is "one who is legally appointed and qualified to exercise the duties of the office." Cox v. Dawson , 911 P.2d 272 , 284 (Okla. 1996); (Opala, J., dissenting). … The Legislature has established the manner in which state employees are paid.

Root v. KAMO Electric Cooperative, Inc.

699 P.2d 1083 · Supreme Court of Oklahoma · Jan 29, 1985

Appellant sought to acquire a perpetual easement to establish and maintain a 161 KV electric transmission line across appellees’ property. … The testimony of the expert witnesses of both appellant and appellees established that the terms of this contract were reasonable for this case.

Southwestern Gas & Elec. Co. v. Oklahoma Tax Commission

208 Okla. 85 · Supreme Court of Oklahoma · Feb 10, 1953

And the privilege of receiving dividends derived from corporate activities within the state can have no greater immunity than the privilege of receiving any other income from sources located there.” (Emphasis ours.) … This may be done by a percentage or ratio method as defined in our statute * * which right is at present well established. Butler Bros. v. McColgan, supra, and 27 Am. Jur., Foreign Corporations, §193, p. 416; Fleming v.

Mathews v. State Election Board

582 P.2d 1318 · Supreme Court of Oklahoma · Aug 11, 1978

Dunn, supra, held: “Durational residence laws penalize those persons who have traveled from one place to another to establish a new residence during the qualifying period. … We are in accord with the authorities presented by petitioner, but each of the cases is clearly distinguishable from the matter now before us.

Martin v. Follis

133 Okla. 162 · Supreme Court of Oklahoma · Sep 25, 1928

Plaintiff’s evidence clearly showed that an assault had been committed on the highway. … The evidence clearly established the negligence of the defendant Martin. The trial court committed no error.when it overruled the demurrer to the evidence.

Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton

501 P.2d 1089 · Supreme Court of Oklahoma · Oct 11, 1972

Even assuming these challenges are not duplicate or tandem, and that all were sustained, validity of the petition still would be established. … The three provisions are clearly separate and distinct and cannot be included within one amendment.

Caffey v. Veale

193 Okla. 444 · Supreme Court of Oklahoma · Jan 25, 1944

These two contentions may be stated thus: (1) Where the claimant to an office presents written evidence clearly establishing his right thereto, mandamus is a proper remedy and should be granted as a matter of right and the … In these circumstances, we hold that the trial court clearly was correct in permitting the defendants to introduce explanatory evidence.

Ex Parte Tindall

102 Okla. 192 · Supreme Court of Oklahoma · Sep 9, 1924

Therefore we must conclude that the general character of the act is within all constitutional limitations and that the general purpose of the act is clearly within the purview of the Constitution. … “The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this state.”

United States ex rel. Lancaster v. Boeing Co.

778 F. Supp. 2d 1231 · District Court, N.D. Oklahoma · Mar 11, 2011

Sub-line item 4010AG was established to cover acquisition of AOG emergency parts. … Here, the record clearly establishes that while allegations concerning the repairs of the fire-damaged aircraft prompted the 1992 investigation, the investigation itself examined the requirements of the CLS contract and revealed

Underwood v. BOARD, COUNTY COM'RS, COUNTY OF JEFF.

611 F. Supp. 2d 1223 · District Court, W.D. Oklahoma · Apr 14, 2009

If the Court determines that the public employee’s speech qualifies under the foregoing analysis, the employee must also establish a causal connection between his protected speech and an adverse employment action. … With regard to Dale’s qualified immunity argument, material fact issues also preclude summary judgment.

BROOM v. WILSON PAVING & EXCAVATING, INC.

356 P.3d 617 · Supreme Court of Oklahoma · Apr 7, 2015

U.S, 2003 OK 77, 17 , 78 P.3d 98, 96-97 , we stated that "if another employer on the same job as the injured worker qualifies as the injured worker's 'princeipal employer (also commonly referred to as a 'statutory employer … ) then such employer is liable for compensation under the Act for that worker's injuries and therefore is immune from tort liability asserted by the injured worker."

Hall v. Goodwin

775 P.2d 291 · Supreme Court of Oklahoma · Jun 6, 1989

The fact that a defendant anticipates the contingency of litigation resulting from an accident or event does not automatically qualify an ‘in house’ report as work product.... … A more or less routine investigation of a possibly resistable claim is not sufficient to immunize an investigative report developed in the ordinary course of business.

Lone Star Gas Company v. Oakman

283 P.2d 810 · Supreme Court of Oklahoma · May 10, 1955

The rule relative to a proper allegation of fraud is clearly expiessed by this-Court in Miller v. … the essence of the contract, and when this, is done the provision as to the consideration for the contract must stand upon the same plane as the. other provisions of the contract with reference to conclu- . sjveness and immunity

SWAIN v. UNITED AUTOMOBILE INSURANCE CO.

2024 OK CIV APP 15 · Court of Civil Appeals of Oklahoma · Dec 21, 2023

Swain, we further conclude that under long-standing, well-established Oklahoma jurisprudence, Ms. … Swain states: United asserts that every bad faith action based on a third-party claim requires an excess verdict or "qualifying" financial loss.

Application of Goodwin

597 P.2d 762 · Supreme Court of Oklahoma · Jul 12, 1979

This case is clearly distinguishable from Fun Country. … The trust indenture clearly sets out the requirement that dwellings financed under this program must be owner-occupied. A duplex in which one side was either rented or vacant would not qualify as owner-occupied.