Case law

Jurczyk v. CoxCom, LLC

191 F. Supp. 3d 1256 · District Court, N.D. Oklahoma · Jun 10, 2016

Plaintiff informed them she had chronic migraines and did not -think about what days she was taking off, Plaintiff further explained she had an auto-immune disease and was seeing various specialists.- Cruts told Plaintiff … “[I]n order to establish a prima facie case of disability discrimination under the ADA, a plaintiff must demonstrate that he (1) is a disabled person as defined by the ADA; (2) is qualified, with or without reasonable accommodation

Scott v. City of Tulsa, Oklahoma

District Court, N.D. Oklahoma · Aug 14, 2025

Third, Defendant Meek's and Defendant Solomon's mens rea will be relevant to the qualified immunity determination. See Est. of Taylor v. … Salt Lake City, 16 F.4th 744, 747 (10th Cir. 2021) (holding that a plaintiff can overcome qualified immunity by showing (1) a constitutional violation and (2) the law “was clearly established at the time of the violation

Jenkins v. State

11 Okla. Crim. 168 · Court of Criminal Appeals of Oklahoma · Nov 7, 1914

Turnbull, the duly qualified and acting county attorney in and for Bryan county, state of Oklahoma, and gives the county court of Bryan county and state of Oklahoma, to know and be informed that the above-named defendant, … Instruction No. 2 clearly indicates that fact.

American National Bank & Trust Co. of Shawnee v. Clarke & Van Wagner, Inc.

692 P.2d 61 · Court of Civil Appeals of Oklahoma · Nov 21, 1984

On the contrary, the evidence establishes that a proper fee would be considerably less. … An attorney in Oklahoma is clearly prohibited from receiving a fee which is excessive or unreasonable. As stated in State ex rel. Burk v.

Opinion No. 69-290 (1969) Ag

Oklahoma Attorney General Reports · Oct 16, 1969

Subsection (1) of said Section authorizes the Board: "To adopt and establish rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of … Applying these rules and decisions to the situation posed by your question clearly establishes that the Board's fixing of standards not provided for by law, and not consistent with the authority vested in the Board as a condition

Frederick v. State

66 O.B.A.J. 2687 · Court of Criminal Appeals of Oklahoma · Aug 30, 1995

Here, that wood is the well-established principle of law governing attorney competency. … The failure of counsel to act in a timely fashion to obtain the additional expert is clearly a trial error, subject to harmless error analysis. Accordingly, I must dissent to that portion of the opinion. .

Brodrick v. Washington County Board of County Commissioners

District Court, N.D. Oklahoma · Jan 5, 2023

immunity. … Katz, 533 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).

Freeman v. State Election Board

69 O.B.A.J. 3794 · Supreme Court of Oklahoma · Oct 27, 1998

Freeman, Jr. was not a qualified candidate for the office held by Richard W. … Thus, Freeman never became a “candidate” as that word is used in § 6-102, or otherwise, because he failed to qualify as a candidate under § 5-107. ■ ¶ 25 That Freeman might have succeeded in establishing he was not filing

Silkwood v. Kerr-McGee Corp.

485 F. Supp. 566 · District Court, W.D. Oklahoma · Aug 18, 1979

Indeed, even cursory analysis of federal law clearly establishes that Congress specifically intended that state common law principles control nuclear accident litigation. … As demonstrated above, Congress clearly had no such intention.

Mills v. Tinsley

District Court, W.D. Oklahoma · Jun 9, 2025

. & R., Judge Green concluded Tinsley is entitled to qualified immunity against Plaintiff’s claim because Plaintiff has not met his burden of establishing Tinsley violated Plaintiff’s constitutional rights by using excessive … Wilson, 625 F.3d 686, 692 (10th Cir. 2010) (instructing the district court to dismiss a claim with prejudice because the defendant was entitled to qualified immunity).

Trust Co. of Okl. v. State Ex Rel. Ddhs

66 O.B.A.J. 718 · Supreme Court of Oklahoma · Feb 21, 1995

The court issued an order establishing the supplemental needs trust. . See discussion, note 4, supra. . … State, 113 N.M. 646, 651 , 830 P.2d 563, 568 (1992) held that the state could not terminate benefits on the basis of the existence of a trust if it did not qualify as a medicaid qualifying trust.

Opinion No. (2010)

Oklahoma Attorney General Reports · Nov 29, 2010

It is unnecessary to apply rules of construction to discern Legislative intent if the will is clearly expressed. … established legal precedent.

Shinn v. Oklahoma City

59 Okla. Crim. 433 · Court of Criminal Appeals of Oklahoma · Sep 5, 1936

905, 906 , 155 Pac. 364 , a statute regulating the persons engaged in lending money, providing for license and exempting banks from its application, the Supreme Court of Oregon held does not violate the “privileges and immunities … It requires no argument to establish the truth that this is a proper exercise of the police power.” In re Home Discount Co. (D. C.) 147 F. 538 ; City Council of Augusta v. Clark & Co., 124 Ga. 254 , 52 S.

Melvin v. Dunn

607 P.2d 694 · Supreme Court of Oklahoma · Feb 26, 1980

The Board was improperly constituted as plead, and such fact denied the parties a hearing before individuals properly qualifying as Board members. … Direct testimony establishes the existence of a schedule here, and such a conclusion, although controverted, is not clearly against the weight of the evidence.

Rasure v. Sparks

75 Okla. 181 · Supreme Court of Oklahoma · Jul 22, 1919

voters, and upon the further question of the number of qualified voters in the consolidated district. … The case is one coming clearly within see. 4907, Rev.

Springer v. Richardson Law Firm

239 P.3d 473 · Court of Civil Appeals of Oklahoma · Jun 25, 2010

The "litigation privilege" upon which Appellees rely "accords attorneys, parties, jurors and witnesses immunity for comments or writings made during the course of or preliminary to judicial or quasi-judicial proceedings." … Exhibit 10 of Appellant's May 2, 2008 Petition establishes that each of Appellant's thirteen "Counts" are direct quotes from the April 22, 2008 Petition's "Facts Pertaining to All Claims" and each alleges Appellees "made

Magnolia Petroleum Co. v. McGeeley

203 Okla. 470 · Supreme Court of Oklahoma · Oct 17, 1950

The rule applicable to these questions is well established. In Eagle Loan Co. v. … They did not qualify as experts as to the effects of salt water on soil, vegetation or water. It is doubtful if they were qualified to testify as to the value of the farm before and after the pollution by salt water.

Sledge v. Carlson

405 F. Supp. 1315 · District Court, W.D. Oklahoma · Oct 30, 1975

The defendants have filed a Motion to Dismiss alleging a failure to exhaust administrative remedies, failure to state a claim, and immunity of the defendants. … The allegations of the plaintiffs are clearly insufficient to establish cruel and unusual punishment in a constitutional sense.

Wilhelm v. Gray

766 P.2d 1357 · Supreme Court of Oklahoma · Feb 14, 1989

Under the Civil Rights Act, court clerks have absolute judicial immunity only when acting in a quasi-judicial capacity or under court order. … Williams, 474 U.S. at 341, 106 S.Ct. at 680 , where Justice Stevens' opinion concurring in judgment states that "the interest in freedom from bodily harm surely qualifies as an interest in `liberty'."

Bernard v. McRay

89 Okla. 1 · Supreme Court of Oklahoma · Feb 6, 1923

Bernard, plaintiff, instituted this action in the district court of McIntosh county on the 15th day of September, 1917, against Robert McRay, defendant, to establish a trust agreement and to require the defendant to deed … The reason for the rule is that the trial judge is the only one qualified to pass upon such motions.