Case law

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

In Re Kaufman

72 O.B.A.J. 3061 · Supreme Court of Oklahoma · Oct 16, 2001

Title 26 U.S.C. § 130 (c) (1997) provides: "Qualified assignment. … Elkins, 216 Mont. 108 , 700 P.2d 596, 599 (1985) [Contract containing nonassignment provision precludes establishment of privity between alleged assignee and the other party.]; Cheney v.

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.

Henry v. Oklahoma City

188 Okla. 308 · Supreme Court of Oklahoma · Nov 26, 1940

In this opinion of the city attorney the qualifications were carefully detailed in order that the election officials might be properly advised, and this opinion clearly stated that only qualified taxpaying voters of Oklahoma … Young, supra, as follows: “There is also a well-established rule of law that public officials are presumed to do their duty.

Brooks Ex Rel. Byus v. Woods

640 P.2d 1000 · Court of Civil Appeals of Oklahoma · Jan 15, 1982

In this instance Plaintiff generally alleged: (1) the bus stop was established and designated by School District; (2) it is unreasonably dangerous being located immediately adjacent to an un-curbed, five-lane main traffic … The record does not disclose which element of the cause of action was found by the court to be defective, but because the elements of negligence and injury are clearly and specifically pled and may not be resolved except

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)).

Tax & Accounting Software Corp. v. United States

111 F. Supp. 2d 1153 · District Court, N.D. Oklahoma · Jul 31, 2000

To survive a motion for summary judgment, nonmovant “must establish that there is a genuine issue of material facts ...” … The highly structured definition of research which is proffered by the IRS in its regulations makes it virtually impossible for commercial research to qualify for the § 41 credit, which was clearly not the intention of Congress

Reynolds v. Advance Alarms, Inc.

232 P.3d 907 · Supreme Court of Oklahoma · Dec 16, 2009

. §§ 165.2, 165.7, 165.8 and 199, provide an established and well-defined public policy sufficient to support a Burk tort claim? … The 2006 version of § 165.2, applicable here, reads: Every employer in this state shall pay all wages due the employees, other than exempt employees and employees of non-private foundations qualified pursuant to 26 U.S.C.

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.”

Douthit v. Baldwin

114 Okla. 127 · Supreme Court of Oklahoma · Mar 9, 1926

W. 26 , it is said in the opinion: “The rule is well established that when the creation of a public corporation, municipal or quasi municipal, is authorized, * * * and a corporation has been organized under the color of such … a careful and exhaustive examination of plaintiffs’ petition, and giving to the same the force of admitted facts pleaded therein by reason of the demurrer thereto, we are of the opinion that the plaintiffs’ petition is clearly

Opinion No. (1999)

Oklahoma Attorney General Reports · May 26, 1999

branches of the healing art as defined in 59 O.S. 1951 § 702[59-702], must append to his name so written or printed in the same size letters as his name appropriate and generally and easily understood words or letters, which clearly … This statutory definition, along with the remaining provisions of the Basic Science Law, established by the Legislature in 1937, was repealed in 1973.

Opinion No. (1985)

Oklahoma Attorney General Reports · Sep 24, 1985

Presuming that a qualified blind vendor is not available for each facility, the determination of whether or not another vendor is in direct competition with a qualified blind vendor would constitute a question of fact. … Prior to its amendment in 1978 ( see Laws 1978, c.127, 3), the provisions of this act clearly, therefore, provided a process whereby rent was to be paid to the governing body of a state institution by a licensed blind vendor

Leake Estate v. Oklahoma Tax Commission

891 P.2d 1299 · Court of Civil Appeals of Oklahoma · Nov 8, 1994

it, unless it clearly appears to have been intended to apply to some other matter. … The proviso added by the 1989 amendment qualifies the matter immediately preceding it: interest. Commission has pointed to no other “penalty” established in this or any other section, to which the proviso could apply.

Bailey v. Sheriff of Ottawa County, Oklahoma

District Court, N.D. Oklahoma · Sep 17, 2021

Plaintiff also argues that private employees employed as medical professionals in a prison medical clinic are not entitled to qualified immunity. … immunity,” and such private employees may not raise a defense of qualified immunity to a § 1983 claim asserting that the medical professional was deliberately indifferent to the plaintiff’s need for medical treatment.

Price v. McDowell

52 Okla. 608 · Supreme Court of Oklahoma · Nov 30, 1915

of some of the terms of the written agreement, declares upon the writing as qualified by the oral variation, he cannot prevail.” … The plaintiff failed to establish a prima facie case, his proof showing a contract in writing modified by an unexecuted oral agreement, affected by the statute of frauds.

Kennedy v. City of Talihina

265 P.3d 757 · Court of Civil Appeals of Oklahoma · Aug 10, 2011

However, in certain cireum-stances, the State has waived its sovereign immunity. … The GTCA establishes a notice procedure by which governmental entities are provided the opportunity to investigate and resolve claims prior to litigation.

Matter of Estate of Hixon

715 P.2d 1087 · Supreme Court of Oklahoma · Feb 26, 1985

with or unless otherwise stated hereafter without the interposition of a trust; except that in the establishment of the principal provision may be made touching all matters covered by this Act, and the person establishing … Consequently, under the provisions of the will, the widow is entitled to such power and control over the estate devised to her as to effectuate the testator’s clearly expressed intent, not only to secure to her “income”,

MERITOR, INC. v. STATE ex rel. BD. OF REGENTS OF UNIVERSITY OF OKLA.

2019 OK CIV APP 64 · Court of Civil Appeals of Oklahoma · Sep 27, 2019

whether the trial court abused its discretion in making its decision. . . . " Under an abuse of discretion standard, the appellate court examines the evidence in the record and reverses only if the trial court's decision is clearly … Whether its immunity from discovery is absolute or qualified, a protected document cannot be said to be subject to "routine" disclosure.

Farrimond v. State Ex Rel. Fisher

71 O.B.A.J. 1769 · Supreme Court of Oklahoma · Jun 27, 2000

Clearly, the rehabilitator was not functioning as a unit of government in his endeavors to rehabilitate Kentucky Central. … [[Image here]] added.] 4 . - Although the issue here is not tort liability of a receiver, the law of judicial immunity is instructive.

Peters v. American Income Life Insurance Co.

74 O.B.A.J. 2106 · Court of Civil Appeals of Oklahoma · Jun 4, 2002

Again, under this standard, Peters' evidence was sufficient to establish the existence of contracts of insurance with initial premiums paid and that the insurance contract proceeds were not paid despite a qualifying event … establish they were not paid. 8 .