Case law

Barton v. Independent School District No. I-99

67 O.B.A.J. 1047 · Supreme Court of Oklahoma · Mar 19, 1996

While the Code does not specifically address a school board’s authority not to reemploy teachers when implementing its RIF plan, that power clearly is implicit in the statutory scheme which allows local school boards to formulate … CONCLUSION Summary judgment is proper only when the pleadings, affidavits, depositions, admissions, or other evidentiary materials establish that there is no genuine issue as to any material fact, and that the moving party

Shull v. Town of Avant

159 Okla. 271 · Supreme Court of Oklahoma · Apr 12, 1932

Justus was duly appointed and qualified as its liquidating agent, and notice was given to creditors to file their claims. … After Max Simon qualified as town treasurer, E. E. Garrett had no further control over the account as town treasurer.

M & W Restaurants, Inc. v. Oklahoma Alcoholic Beverage Laws Enforcement Commission

74 O.B.A.J. 677 · Court of Civil Appeals of Oklahoma · Oct 25, 2002

“A legislative act is presumed to be constitutional and will be upheld unless it is clearly, palpably and plainly inconsistent with the Constitution. … Section 598 specifically includes low-point beer in its definition of alcoholic beverages which clearly violates Article XXVIII, Section 2.

Grogan v. KOKH, LLC

256 P.3d 1021 · Court of Civil Appeals of Oklahoma · Mar 16, 2011

"[Claleulated falsehood should enjoy no immunity." Time, Inc. v. Hill, 385 U.S. at 390 , 87 S.Ct. at 548 . … Clearly, that part of the KOKH broadcast containing interviews with parents who stated that Gro-gan threatened to shoot children is protected by this privilege.

Armenta v. Independent School District No 5 of Garvin County

District Court, W.D. Oklahoma · Jun 21, 2024

In her response, Plaintiff says the first element of the procedural due process analysis is met because “it is clearly established that students, such as H.A., have protected property interests in pursuing a public education … UNITED STATES DISTRICT JUDGE 'S Because the Court determines that Plaintiff failed to state claims for relief against Morris, it does not reach the issue of whether he is entitled to qualified immunity.

R. J. Edwards, Inc. v. Hert

504 P.2d 407 · Supreme Court of Oklahoma · Nov 28, 1972

Article 9 of the order establishing the Oklahoma Bar Association, cited supra, established a Board of Bar Examiners, gave it authority over admissions to the bar, and the making of rules governing admissions, subject to the … “It cannot be denied that the public suffers, as does both the public image of the legal profession and our judicial system, when those not qualified to do so are permitted to hold themselves out as qualified to practice

In Re Initiative Petitions Nos. 112 to 118

154 Okla. 257 · Supreme Court of Oklahoma · Feb 2, 1932

If all the requirements are met and shown on the face of the petition, it is then established as a provisional procedure. … If the affidavit of the circulator establishes nothing, why require it?

Lamb v. Palmer

79 Okla. 68 · Supreme Court of Oklahoma · Jul 13, 1920

W. 756 , which states as follows: “A special city election was held to determine the question of whether such city would increase its debt limit and issue bonds to establish a city light plant. … There was no fraud proved or offered to be proved, and there is evidence that only qualified voters voted and that no one was denied the right to vote.

State v. Harbert

758 P.2d 826 · Court of Criminal Appeals of Oklahoma · Jul 15, 1988

Whether a fetus can be a “person” to qualify as a victim in the assault and battery statute has never been decided by this Court. … Since there is a doubt, the well-established rule in Oklahoma was articulated by Judge Bussey in State v.

BENTLEY v. KIRK

348 P.3d 1112 · Court of Civil Appeals of Oklahoma · Apr 8, 2015

up the kidney on an emergency basis because of a misrepresentation to both of them that the rejection of the donor kidney had been occasioned by a rare blood disorder, with the implication that Tice might otherwise never qualify … Kirk is indeed an employee of Hospital, the established standards and procedures of summary judgment may not be circumvented by "converting" a motion to dismiss into a motion for summary judgment.

Tax/Investments Concepts, Inc. v. McLaughlin

670 P.2d 981 · Supreme Court of Oklahoma · Nov 16, 1982

TIC does not seriously contend that it was qualified to make a “supervised loan,” or that it complied with the disclosure requirements of UCCC, but rather asserts that the loan was not a “consumer loan” within the meaning … Whatever may have been the law in this respect prior to the enactment of the Uniform Commercial Code, the UCC (12A O.S.Laws 1961, § 9-501) clearly provides that the act of the secured party in levying or executing on the

Comanche Nation, Okl. v. United States

393 F. Supp. 2d 1196 · District Court, W.D. Oklahoma · May 27, 2005

According to defendants, the Comanche Nation clearly seeks to adjudicate a disputed title in which the United States claims an interest. … If the tribe can establish the last three factors, the first factor becomes less strict.

Summey v. Tisdale

658 P.2d 464 · Supreme Court of Oklahoma · Nov 15, 1982

In short, the facts and law of this case clearly show that the Board was neither arbitrary nor capricious in the exercise of its judgment and discretion under the 1979 statutory budget scheme. … A county which qualifies may elect to come under the Act’s provisions. 6 . 68 O.S.1971 § 2483; 19 O.S.1971 § 345. 7 . 68 O.S.1971 § 2485. 8 . 19 O.S.1971 § 640. 9 . 68 O.S.1971 §§ 2483 and 2485; 68 O.S.Supp. 1977 § 2484.

Scott v. Archon Group, L.P.

191 P.3d 1207 · Supreme Court of Oklahoma · May 14, 2008

The beam had lettering on the side facing oncoming traffic which was ten inches high and clearly visible, reading: “NO TRUCKS VISITOR PARKING CLEARANCE 8'6".” ¶ 10 Mr. … This *1214 has been the common law approach ever since landlord’s sovereignty and immunity for acts done within the boundaries of his land gradually gave away to present-day civil accountability.

Opinion No. 78-181 (1978) Ag

Oklahoma Attorney General Reports · Nov 1, 1978

This decision was based on the theory that insomuch as the pension and retirement system was established by ordinance, the system was subject to being abolished by an ordinance repealing the ordinance establishing the system … by the legislature amending 11 O.S. 541a [11-541a] in 1963 to prevent municipalities from disbanding any part of the pension and retirement system unless it was recommended by the Board of Trustees and a majority of the qualified

Cortner v. Baron

404 F. Supp. 316 · District Court, W.D. Oklahoma · Aug 26, 1975

A Selection Committee to pick the sixteen (16) entrants and five (5) alternates each year has been established for the Department. The Defendants are the members thereof. … The members of the Selection Committee appear to be highly qualified to serve thereon and further appear to be dedicated to their duties as members thereof.

Opinion No. (2005)

Oklahoma Attorney General Reports · Dec 7, 2005

If H.B. 1747 is construed to evince a legislative intent to create a "retired reserve peace officer" status, should CLEET promulgate rules that clearly define what constitutes the status of being "retired" for reserve peace … White, 689 P.2d 311 , 314 (Okla. 1984). ¶ 4 If we construe the amendment either to refer to individuals who could qualify to obtain the concealed weapon identification because they are otherwise eligible to participate in

Gabus v. Harvey

678 P.2d 253 · Supreme Court of Oklahoma · Apr 10, 1984

The Kansas Court wholly disallowed expert opinion testimony of this sort in automobile negligence cases, and established this rule: “In an automobile accident negligence case, an expert witness, whether an investigating police … However, we find that the trial judge made a clearly erroneous conclusion and judgment, against reason and evidence, in admitting this testimony. Abel v. Tisdale, Okl., 619 P.2d 608 (1980).

Vanover v. O'LEARY

967 F. Supp. 1211 · District Court, N.D. Oklahoma · Jun 17, 1997

To establish a prima facie case under the ADEA, the Plaintiff must prove that (1) he was within the protected age group; (2) he was qualified for a promotion; (3) he was not promoted despite his qualification for the position … This assertion is clearly without basis. The record of the EEOC investigation clearly indicates that the McGuire-Farrell relationship was thoroughly revealed and discussed.

Hoeppner v. Head

District Court, E.D. Oklahoma · Oct 4, 2022

Qualified immunity protects officials “from liability for civil damages insofar as their conduct does not violate clearly 10 Adler v. … Clearly Established Law “The ‘clearly established’ prong of the qualified immunity analysis ensures that governmental actors are given fair warning that their conduct is unconstitutional