Case law

In Re Cella

128 B.R. 574 · United States Bankruptcy Court, W.D. Oklahoma · Jul 2, 1991

It is apparent to the Court that § 1(A)(20) is intended to apply only to retirement funds, and that the reference therein to “annuities” refers to annuities established as a part of a retirement program. … The Compensation Award clearly does not constitute an “annuity” of any type.

In Re Pipkin's Estate

348 P.2d 330 · Supreme Court of Oklahoma · Dec 22, 1959

While the right to submit cases such as the instant case to a jury is established by 58 O.S. 1951 § 735, the verdict of the jury is merely advisory and the court must ultimately determine all questions of fact as well as … The judgment appealed from is not clearly against the weight of the evidence and for said reason will be permitted to stand. Affirmed. WILLIAMS, V.C.J., and WELCH, HALLEY, BLACKBIRD, JACKSON and IRWIN, JJ., concur.

Gordon v. State

649 P.2d 807 · Court of Criminal Appeals of Oklahoma · Aug 10, 1982

I believe, however, that this general rule must be qualified. 1 If the cause of the victim’s death is solely attributable to grossly improper medical treatment and not at all attributable to the original wound inflicted by … However, the record clearly establishes that the appellant did inflict life threatening wounds which directly gave rise to perforations in the victim’s bladder and extensive damage to the small intestines.

State Ex Rel. Prater v. District Court of Oklahoma County

188 P.3d 1281 · Court of Criminal Appeals of Oklahoma · Jun 27, 2008

The Department of Corrections (D.0.C.) is charged with establishing and carrying out the provisions of the D.S.P.Y.A. … The statutory language of section 996.1 clearly states that the date of charging an offense is the controlling date for determining if an individual qualifies for D.S.P.Y.A. sentencing, not the date the individual is convicted

Cunningham v. State

600 P.2d 337 · Court of Criminal Appeals of Oklahoma · Sep 5, 1979

We take this statement to mean that where a statute is intended to protect a person’s immunity from unreasonable searches and seizures by providing that a search warrant shall only issue upon a determination by an impartial … magistrate that probable cause exists, this Court will not give the statute a technical construction establishing requisites unrelated to the purpose of the statute.

Champlin Petroleum Co. v. Board of County Commissioners

526 P.2d 1142 · Supreme Court of Oklahoma · Sep 17, 1974

Facts found in the petition, and for purposes of this appeal must be considered as correct, establish: Champlin held a pipeline right of way under which it owned and operated a pipeline used to move gasoline and other hydrocarbon … all the powers they possess, prescribe all the duties they owe, and impose all the liabilities to which they are subject.’ ” “This state has long been committed to the rule, without a single exception, that the State is immune

Ashland Oil, Inc. v. Corporation Commission

595 P.2d 423 · Supreme Court of Oklahoma · Feb 6, 1979

Additionally, as the Commission correctly points out, the Court in Minshall clearly limited its consideration to the application of 52 O.S.Supps.1965-1969, §§ 309-315 on the question of an operator’s responsibility and did … By its order against Ashland, the Commission has not granted immunity to other possible offenders. Ashland may not rely upon the possible shortcomings of others to evade their own obligation.

Opinion No. (1999)

Oklahoma Attorney General Reports · Mar 19, 1999

The situation presented by Congress' intent to establish a nationwide policy for interstate horserace wagering is similar in nature to Congress' establishment of a nationwide policy in the Safe Drinking Water Act, which, … A contrary conclusion, as the Court held, would thwart the national policy by creating vacuums of authority in the Act's application: As indicated above, the SDWA clearly establishes national policy with respect to clean

Federal Deposit Ins. Corp. v. Black

777 F. Supp. 919 · District Court, W.D. Oklahoma · Oct 15, 1991

In response, the FDIC asserts that Section 1821(k) only preempts those state laws which immunize bank directors and officers from liability for grossly negligent *921 or intentional tortious conduct. … Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive. Id.

Doe v. Oologah-Talala Independent School District No. 4 of Rogers County, Oklahoma

District Court, N.D. Oklahoma · Aug 28, 2024

Qualified immunity shields public officials “‘from damages actions unless their conduct was unreasonable in light of clearly established law.’” Gutierrez v. … Once a defendant asserts qualified immunity, the burden shifts to the plaintiff to show that: (1) the defendant’s actions vio- lated a federal constitutional or statutory right, and (2) the right was clearly established

Relf v. Thompson

188 Okla. 209 · Supreme Court of Oklahoma · Oct 29, 1940

The burden rested upon plaintiff to establish this contention by clear, cogent, and convincing proof, and this she did not do. … Clearly the assignment was defeasible, and all parties agreed that all money advanced under it was repaid.

Ramirez v. Board of Regents for the Regional University System of Oklahoma

District Court, W.D. Oklahoma · Jan 8, 2021

Citing Oklahoma’s assertion of sovereign immunity in the Oklahoma Governmental Tort Claims Act (“OGTCA,” Okla. … Stat. tit. 51, § 152.1(A) (“The State of Oklahoma does hereby adopt the doctrine of sovereign immunity.

Vickers v. United States

1 Okla. Crim. 452 · Court of Criminal Appeals of Oklahoma · Nov 19, 1908

A defendant should be clearly informed in the indictment of the exact and full charge made against him. … It seems that the court did not instruct the jury as to their right to return a qualified verdict.

BROOM v. WILSON PAVING & EXCAVATING, INC.

2015 OK 19 · Supreme Court of Oklahoma · Apr 7, 2015

U.S. , 2003 OK 77, ¶ 7, 78 P.3d 93, 96-97, we stated that "if another employer on the same job as the injured worker qualifies as the injured worker's 'principal employer' (also commonly referred to as a 'statutory employer … The plain language establishes that the parties intended to extend this endorsement to earth movement whether natural or man-made.

ROSS v. CITY OF OWASSO

389 P.3d 396 · Court of Civil Appeals of Oklahoma · Dec 12, 2016

We find that the Report qualifies as a personnel record that the City may keep confidential. … Disclosure of criminal activity would not result in a “clearly unwarranted invasion of personal privacy,” and hence 51 O.S. Supp. 2014 24A.7(A)(2) cannot apply; 6.

Short v. Jones

613 P.2d 452 · Supreme Court of Oklahoma · Jun 3, 1980

Reedy, 387 P.2d 631 (Okl.1963), stating: The language of the statute seems clearly to provide that the filing of a written statement of damages is a condition precedent to the right to commence the action. … Thus we refuse to alter the position taken in a long line of our decisions establishing the matters offered were inadmissible to impeach the judgment.

City of Midwest City v. Public Employees Relations Board

74 O.B.A.J. 1334 · Court of Civil Appeals of Oklahoma · Mar 7, 2003

"Reversal is also appropriate if the agency's findings are clearly erroneous in view of the reliable, material, probative and substantial competent evidence in the record." Id., ¶13. … Given our determination that the fitness standards do not qualify as a valid past practice or the settled status quo, they were not established terms and conditions of employment subject to a good-faith bargaining and negotiation

Thompson v. Presbyterian Hospital, Inc.

652 P.2d 260 · Supreme Court of Oklahoma · Nov 1, 1982

The injuries clearly could not have happened except for the unforeseeable and hence supervening negligence of the anesthesiologist. 2. … Walker, 33 the Court established a tripartite test for determining whether a new constitutional rule should be applied retroactively.

Ex Parte Higgs

97 Okla. Crim. 338 · Court of Criminal Appeals of Oklahoma · Nov 18, 1953

A later clause or provision may qualify an earlier one, and the converse is equally true. Ex parte Hunnicutt, 7 Okla. Cr. 213 , 123 P. 179 . … Moreover it clearly appears, that in the act as originally passed, there is no ambiguity or room for confusion. Its limitation of scope and meaning is perfectly clear.

York v. Trigg

87 Okla. 214 · Supreme Court of Oklahoma · Jul 25, 1922

It is clearly established by the evidence introduced that Jerome B. York, husband of the plaintiff, was a man of extraordinary business ability, intelligent, competent, and successful as a business man. … The evidence in this action clearly establishes the fact that for 30 years prior to th'e death of Jerome B.