Case law

City of Holdenville v. Griggs

411 P.2d 521 · Supreme Court of Oklahoma · Feb 22, 1966

The evidence in the instant case clearly establishes that the inadequacy of the sewer system was called to the attention of the defendant on several occasions, but that it failed to remedy the condition. … clearly appears that the discretion has been abused.”

Nail Ex Rel. Nail v. Oklahoma Children's Memorial Hospital

710 P.2d 755 · Supreme Court of Oklahoma · Dec 10, 1985

The demurrer of the defendant University of Oklahoma was sustained on the basis of sovereign immunity, resulting in appeal No. 60,091. … WAS THE DEMURRER OF THE BOARD OF REGENTS FOR THE UNIVERSITY OF OKLAHOMA PROPERLY SUSTAINED BY REASON OF SOVEREIGN IMMUNITY?

Hiskett v. Wells

351 P.2d 300 · Supreme Court of Oklahoma · Dec 22, 1959

has previously been established of record, as hereinabove provided.” … established of record in the manner heretofore mentioned.

Byrd v. State Ex Rel. Roff

99 Okla. 165 · Supreme Court of Oklahoma · May 13, 1924

The independent district of the town of Foraker was established about one year later. … As we view it, the agreed statement of facts clearly shows that the plaintiff, appellee herein, is entitled to relief sought.

Adamson v. Brady

199 Okla. 55 · Supreme Court of Oklahoma · Jul 1, 1947

This action to establish the claim against the estate of Henry Adamson was commenced in the district court of Le Flore county November 14, 1942. … From the record it clearly appears that judgment was rendered in the original action February 17, 1941, more than a year before the death of Henry Adamson.

Sisson v. State

404 P.2d 55 · Court of Criminal Appeals of Oklahoma · Jan 22, 1964

In this connection, the offer to sell having been made in Seminole County, Oklahoma, it was sufficient to clearly establish venue in Seminole County. … Hence, it clearly appears that the stock sold Mr.

Opinion No. 76-144 (1976) Ag

Oklahoma Attorney General Reports · Feb 19, 1976

While it is true that the legislative intent in such a situation is not clearly reflected in Section 629 as is the intent in situations where a company does continue to do business in the state, we feel it is reasonable and … As long as the company is qualified, i.e. licensed, to do business in the State, the possibility exists that business could be transacted and tax obligations accrue.

Taylor v. State & Education Employees Group Insurance Program

66 O.B.A.J. 1835 · Supreme Court of Oklahoma · May 23, 1995

V. § 62 clearly means payment of retirement benefits to education employees. … Clearly, those Plaintiffs whose retirement benefits are vested have contract rights under OTRS. Baker, 718 P.2d at 353 .

Scott v. City of Tulsa, Oklahoma

District Court, N.D. Oklahoma · Mar 31, 2025

As this claim was not clearly established in 1994, Defendants Meek and Solomon have qualified immunity for the failure to intervene claim. See Bledsoe v. … Carreno, 53 F.4th 589, 617 (10th Cir. 2022) (holding that police officers were entitled to qualified immunity on failure to intervene claim because such a "claim was not clearly established in 1999").

Hodge v. Territory of Oklahoma

12 Okla. 108 · Supreme Court of Oklahoma · Jul 18, 1902

H'ickok was the duly, elected, qualified and acting county attorney of said county, *111 and was in attendance npon the- court and grand jury when his attendance was required by them; that there was no physical or mental … In other words, before the-defendant is entitled to. be heard in a proceeding to set aside an indictment he must come clearly within the proyisions-of the statute.

City of Tecumseh v. City of Shawnee

33 Okla. 494 · Supreme Court of Oklahoma · May 14, 1912

He also finds that five persons who were not qualified voters voted for Shawnee. … be handled in the manner found by the referee; but the evidence does clearly establish that there was an understanding between the active workers in behalf of Shawnee and those immediately in charge of this fund and'the

Eagle v. State (In re J.W.E.)

419 P.3d 374 · Court of Civil Appeals of Oklahoma · Mar 15, 2018

She stated that she is "becoming an established member because in order for [the children] to become members [she has] to be an established member." … She also testified that she is an established member of the Choctaw Nation, which would qualify the children for membership in the Choctaw Nation.

Reynolds v. Porter

760 P.2d 816 · Supreme Court of Oklahoma · Jul 19, 1988

The vice of special acts is that they create preferences and establish inequality. 37 In City of Tulsa v. … The three-year limit affects the litigation only when a health care provider’s negligence has been established.

MARTINEZ v. STATE ex rel. DEPT. OF PUBLIC SAFETY

2014 OK CIV APP 17 · Court of Civil Appeals of Oklahoma · Nov 5, 2013

report and the alcohol test results. ¶19 Thus, the report does not establish as a matter of law whether the initial stop was constitutional, nor does it establish establish that probable cause for APC arrest actually existed … This claim is possibly better described as one pursuant to 47 O.S.2011 § 756(C), which states, "To be admissible in a proceeding, the evidence must first be qualified by establishing that the test was administered to the

Holbert v. Echeverria

744 P.2d 960 · Supreme Court of Oklahoma · Oct 20, 1987

Inasmuch as the Act is for the benefit of the general public, no special class is established for whose especial benefit it was created. … Real property contract disputes do not generally qualify for statutory counsel-fee award. See, Todoroff v. Burton, Okl., 719 P.2d 456 [1986].

Sunray Oil Corp. v. Oklahoma Tax Commission

192 Okla. 159 · Supreme Court of Oklahoma · Mar 2, 1943

The evidence introduced at the hearing before the Tax Commission established without dispute the following facts: During 1939, 1940, and 1941 all of appellant’s officers and six of its nine directors resided in Oklahoma. … Appellant owned all of its capital stock except five qualifying shares issued to directors.

BURGIN v. LEACH

2014 OK CIV APP 18 · Court of Civil Appeals of Oklahoma · Jan 21, 2014

Further, the standard of care required to establish liability is not ordinary negligence but reckless disregard for the rights of others. §11-106(E). … Whether a defendant is properly using audible signals or flashing lights are factors that determine whether the driver qualifies for the privilege. See , Blackburn v.

Jones v. Middendorf

454 F. Supp. 1276 · District Court, E.D. Oklahoma · Jul 13, 1978

It is clear that in the context of sex discrimination a prima facie ease is not established by the mere proof that a qualified man was promoted over a qualified woman. Olson v. … The evidence adduced in this case shows that plaintiff was clearly better qualified for the GS-332-09 position than Kirk, and that he was the best qualified of the three applicants who appeared on the certificate of eligibles

Coker v. Stitt

District Court, W.D. Oklahoma · Dec 31, 2024

These objections contend that sovereign immunity is inapplicable because Defendant Harvanek had final policy-making authority, his conduct was objectively unreasonable such that he violated a clearly established constitutional … Accordingly, despite Plaintiff's arguments regarding Defendant Harvanek’s final policy-making authority, respondeat superior liability, and violations of “clearly established” constitutional rights, Plaintiff

Clement v. Coon

161 Okla. 216 · Supreme Court of Oklahoma · Jul 6, 1932

.; that said company did not have at any time any office in the state of Oklahoma; that it had never qualified to do business in the state of Oklahoma; that neither L. R. … The affidavits filed by the defendant company are so qualified by careful and well guarded exceptions as to be of little value in determining the question at 'issue.