Case law

Henderson v. Gifford

318 P.2d 404 · Supreme Court of Oklahoma · Nov 19, 1957

Gifford as such beneficiary, without any words appearing on said designation to indicate that it was, in any way, qualified or conditional. When the insured thereafter died, on May 28, 1954, at Mrs. … required to establish a resulting trust, and secondly that in cases of equitable cognizance the judgment of the trial court that plaintiffs have not met their burden of proof will not be set aside unless clearly against

Young v. Glanz

District Court, N.D. Oklahoma · Oct 6, 2020

In any event, the Court has previously conducted the qualified immunity / clearly established law analysis on nearly identical evidence that a jury could find constituted deliberate indifference by Sheriff Glanz to Jail … Young suffered and ultimately died following a delay in emergency medical treatment, the law was clearly established that a Jail official like Mr.

School Dist. No. 17, Rogers County v. Eaton, Co.

97 Okla. 177 · Supreme Court of Oklahoma · Feb 12, 1924

It was simply an attempt in a legal way to establish the boundary line between the two, and to establish the corners and proper boundaries of lands lying adjacent. … And the court was in error in the rendition of its judgment and we recommend that the case be reversed, and in view of the fact that the proof clearly establishes the rights of the appellants and the relief sought, we render

Osage Producers Ass'n v. Jewell

191 F. Supp. 3d 1243 · District Court, N.D. Oklahoma · Jun 1, 2016

Here, the government submits that the OPA has failed to allege facts establishing the first prong for associational standing. … , 95 S.Ct. 2457 ; Booth, 532 U.S. at 741 n. 6, 121 S.Ct. 1819 (“[W]e will not read futility or other exceptions into statutory exhaustion requirements where Congress has provided otherwise.”). 10 In contrast, where not clearly

Upton v. State Ex Rel. Department of Corrections

71 O.B.A.J. 1744 · Supreme Court of Oklahoma · Jun 20, 2000

In so doing it altered established legal precedent and denied an employer the right to dismiss an employee while he/she is receiving TTD. … state has no immunity.

In RE MJJ v. State

69 P.3d 1226 · Court of Civil Appeals of Oklahoma · Apr 4, 2003

We find this argument has no merit. ¶ 5 While § 1912(f) clearly establishes the trial court standard of proof for termination of parental rights under the ICWA, there is no duty thereunder for the court to express in its … Because cultural bias is not implicated in this case, Armstrong is qualified to testify as an expert witness under § 1912(f).

Apache Corp. v. State Ex Rel. Oklahoma Tax Commission

75 O.B.A.J. 1771 · Supreme Court of Oklahoma · Jun 15, 2004

The record clearly shows that Apache's application for a permit would have been denied. Apache's argument assumes that the permit is part of an administrative remedy to obtain the manufacturer's exemption. … site and used by persons in the operation of manufacturing plants already established in Oklahoma.

Hunter v. State

375 P.2d 357 · Court of Criminal Appeals of Oklahoma · Oct 17, 1962

This situation is clearly distinguishable from the case of Booker v. State, Okl.Cr., 312 P.2d 189 . … It has been contended that such a law invades the privileges and immunities of the citizens, (Graham v.

Sinclair Oil & Gas Co. v. Crane

175 Okla. 198 · Supreme Court of Oklahoma · Sep 25, 1935

Whether or not said jurors were qualified was a matter to be tried and determined by the trial court. This the trial court did and determined each of said named parties to be qualified jurors. … It is apparent that the witnesses were testifying as to the value of the land after, the injury, and we are of the opinion that the plaintiffs properly established their measure of damages.

In Re Goldberg

59 B.R. 201 · United States Bankruptcy Court, N.D. Oklahoma · Mar 31, 1986

The Partnership additionally established a Keogh Plan with Sooner Federal Savings & Loan Association (Sooner Plan) in 1979. … To the contrary, pension benefits are specifically treated under the Code’s exemption provision, clearly indicating that they were intended and assumed to be part of the estate ...

American Airlines v. Hervey

72 O.B.A.J. 2716 · Supreme Court of Oklahoma · Sep 18, 2001

employment during the healing period may be entitled to TPD compensation during all or part of the healing period, even though that worker does not qualify for TTD compensation. … The Workers' Compensation Court failed to consider whether the claimant was eligible for TPD compensation during all, or any part, of that time period, although the issue was clearly presented by the evidence.

State ex rel. Remy v. Agar

559 P.2d 1235 · Supreme Court of Oklahoma · Jan 18, 1977

However, whether accretion or avulsion took place is not the decisive issue, for the evidence clearly established that the City obtained title to the land by prescription. … The evidence before the trial court clearly established that the property was acquired and devoted to the function of garbage disposal.

Laws v. State ex rel. Oklahoma Department of Human Services

74 O.B.A.J. 3334 · Court of Civil Appeals of Oklahoma · Aug 5, 2003

It is undisputed that GL. qualifies as a special needs child. … Finally, the record here shows that GL., as a foster child, had qualified for DDSD services. 31 The second requirement dealing with foster parent(s) clearly restricts adoption subsidies to a special class of persons.

Brown v. Dowling

District Court, N.D. Oklahoma · Jan 6, 2020

However, once a defendant asserts the defense of qualified immunity, the plaintiff must demonstrate “(1) that the defendant committed a constitutional violation and (2) that the right was clearly established.” … As a result, he has not established a constitutional violation and cannot make the first showing necessary to overcome the defendants’ assertion of qualified immunity.

Ethics Commission v. Cullison

64 O.B.A.J. 978 · Supreme Court of Oklahoma · Mar 30, 1993

[I]t ought to be used on all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. " State v. … The cause before us clearly meets the law's justiciability requirement. Two high-level organs of state government are running on a collision course.

Burton v. Colley

113 Okla. 265 · Supreme Court of Oklahoma · Sep 29, 1925

of the Indian Territory had authority to appoint a guardian or curator of an estate of a minor, located in that district, although the domicile of the minor was in the Central District, and a guardian so appointed, when qualified … This, being an action in ejectment, is clearly a collateral attack on the validity of the LeFlore county guardianship. This court in Pettis v.

Garnsey v. State

4 Okla. Crim. 547 · Court of Criminal Appeals of Oklahoma · Dec 1, 1910

the ceded territory shall be incorporated in the union of the United States, and admitted as soon as possible, according to the principles of the federal Constitution, to the enjoyment of all the rights, advantages and immunities … Without attempting to examine in detail the opinions in the various cases, in our judgment it clearly results from them that they substantially rested upon the proposition that where territory was a part of the United States

Waugh v. Dibbens

61 Okla. 221 · Supreme Court of Oklahoma · Jul 11, 1916

The court instructed the jury to return a verdict in favor of the remaining defendants, on the ground that the proof failed to establish a cause of action against them. … From these eases and those collated in the notes thereto, it is obvious that upon existence or nonexistence of jurisdiction and not upon malice or corruption, rests the question of immunity from liabiliity from acts done

Skinner v. Winfrey

District Court, N.D. Oklahoma · Nov 14, 2019

Second, they contend they are entitled to qualified immunity because (1) Skinner has not shown an Eighth Amendment violation occurred and (2) “[t]here is no clearly established law that would have informed the Defendants … As a result, he has not established a constitutional violation and cannot make the first showing necessary to overcome the Defendants’ assertion of qualified immunity.

Fisk

District Court, E.D. Oklahoma · May 4, 2026

Eleventh Amendment Immunity. … its intent to abrogate immunity.”