Case law

AdvancePierre Foods, Inc. v. Garfield County Board of Taxroll Corrections

327 P.3d 538 · Court of Civil Appeals of Oklahoma · May 8, 2014

Qualifying manufacturing concern-Ad valorem tax exemption A. … Clearly the earlier Opinion, relied upon by Advance, is not applicable to the current provisions of Section 6A. See n. 5.

Whitten v. McCurtain County Jail Trust

District Court, E.D. Oklahoma · Jun 13, 2025

Based on these failures, Ebert contends he is entitled to qualified immunity on this claim. … immunity.

OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE v. DRUMMOND

2023 OK 24 · Supreme Court of Oklahoma · Mar 21, 2023

The statute defining qualified electors used "male." 44 ¶20 Obviously, women could not serve on juries because they could not qualify as electors. … Employing rational-basis review clearly causes the statutes to pass constitutional muster, as the State clearly has a legitimate interest in protecting the unborn.

Brownfield v. Cherokee County School District No. 35

District Court, E.D. Oklahoma · Apr 7, 2025

Cloud also argue that they are entitled to qualified immunity with respect to Plaintiff’s Equal Protection claims. … With Defendants having invoked qualified immunity, it is incumbent upon Plaintiff to demonstrate "(1) the defendant's actions violated a constitutional or statutory right, and (2) that right was clearly established at the

DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA

421 P.3d 284 · Supreme Court of Oklahoma · Dec 19, 2017

We went further: "The First Amendment clearly safeguards the freedom to worship as well as the freedom not to worship ." Id. … I, qualifies under "unless otherwise provided by law." See Reeds , 2006 OK 43 at ¶ 11, 157 P.3d 100 ; U.S. Const. art.

Edwards v. Basel Pharmaceuticals

68 O.B.A.J. 794 · Supreme Court of Oklahoma · Mar 4, 1997

The learned intermediary doctrine has been held applicable to prescription nicotine gum, because there was a sufficient relationship established between doctor and patient. Tracy v. … The first involves mass immunizations. Cunningham , at 1381; Allison v. Merck & Co., Inc., 110 Nev. 762 , 878 P.2d 948 (1994).

Fehring v. Universal Fidelity Life Insurance Co.

721 P.2d 796 · Supreme Court of Oklahoma · Jul 1, 1986

The Court of Appeals found that the evidence before the trial court clearly established that the death of Bernard A. Fehring was the result of the actions of another person and thus within the exclusion. … Since the facts of the case clearly establish that the incident would have constituted the crime of assault by the party producing the pistol under Oklahoma statutes, 10 we must consider the language of that case regarding

Opinion No. (2009)

Oklahoma Attorney General Reports · Apr 23, 2009

The first sentence, which applies to signs visible from a nonfreeway primary highway , clearly differentiates between signs on the same and on opposite sides of the roadway for spacing purposes. … control" of highway advertising, there is no evidence that ODOT has established such criteria.

Opinion No. 73-128 (1973) Ag

Oklahoma Attorney General Reports · May 25, 1973

adopt and issue, and from time to time may amend, rules of general application for the administration of this Act and regulating the professional conduct of persons authorized to engage in public accounting, looking to the establishment … Clearly, Section 59 O.S. 15 .9 [ 59-15.9 ], supra, requires that the applicant must pass a written examination.

Haines Pipeline Construction, Inc. v. Exline Gas Systems, Inc.

67 O.B.A.J. 2515 · Court of Civil Appeals of Oklahoma · Jun 11, 1996

FDIC did not seek a determination of the amount still owed until it filed the motion for summary judgment in 1991, which was clearly more than ninety days past the 1986 sheriffs sale. … Consequently, the FDIC cannot have holder in due course status with respect to the guaranty and therefore is not immune to Payne’s defenses. This analysis is particularly appropriate after the decision in O’Melveny.

In Re the Habeas Corpus of Yoder

298 P.2d 1083 · Court of Criminal Appeals of Oklahoma · Jun 20, 1956

Under the free exercise of this rule, no right or immunity granted by the constitution, laws, or treaties of the United States, is invaded or impaired. * * * * * * “The writ here was issued in accordance with a form, no doubt … The trial court’s entire conduct in the proceedings accords with the well established reciprocal rules of comity between sovereigns, so clearly expressed in the case of Lunsford v. Hudspeth, supra.

Hatton v. Lynch

249 P.3d 952 · Court of Civil Appeals of Oklahoma · Dec 10, 2010

Simply put, the requirements of § 5(A)(1)(c) were not established by Grandmother; therefore, the trial court's legal conclusion that Grandmother's petition "qualifies" for consideration is erroneous. 121 Further, we find … is urged to the "strict letter" of a statute and the literal interpretation would lead to an inconsistency or incongruity between different parts of the enactment as they bear on each other and would produce consequences clearly

Danciger Oil & Refining Co. v. Donahey

205 Okla. 390 · Supreme Court of Oklahoma · Nov 6, 1951

The evidence also established that the trees might have been injured by three other causes. … Worley, supra, is clearly distinguishable under ‘the facts disclosed in the instant case.

Beveridge v. Harper & Turner Oil Trust

168 Okla. 609 · Supreme Court of Oklahoma · Jul 31, 1934

The right of an individual to use his property as he pleases is a qualified as dis-tinguished from an absolute right. … and must uphold that judgment unless it is made to appear clearly unreasonable, arbitrary, or an unequal exercise of power.

In Re McNaught

1 Okla. Crim. 528 · Court of Criminal Appeals of Oklahoma · Jan 11, 1909

Administrative and remedial process may be changed from time to time, but only with due regard to the landmarks established for the protection of the citizen.’ … We believe this territorial law is not only repugnant, but is clearly and unquestionably in direct conflict with, and, as a matter of law, repealed by, section 17.

Perry v. Harper

307 P.2d 168 · Court of Criminal Appeals of Oklahoma · Feb 6, 1957

But, the facts in the case at bar are clearly distinguishable from the situation therein involved. … The fact that he may have committed two crimes gives him no immunity from prosecution of either.

Caffey v. Grand River Dam Authority Police Department

District Court, E.D. Oklahoma · Aug 12, 2025

But he provides no factual detail about the stop, such as the conduct of specific officers, the precise location, the stated reason for the stop, or any circumstances showing the seizure violated clearly established … IMMUNITY DOCTRINES To the extent Plaintiff challenges the actions of the Cherokee Nation District Court or its judges, those claims are barred by absolute judicial immunity.

Irion v. Nelson

207 Okla. 243 · Supreme Court of Oklahoma · Oct 14, 1952

The burden is upon one claiming an easement clearly to establish such right. Catterall v. Pulis, 137 Okla. 86 , 278 P. 292 ; Board of County Commissioners of Jackson County v. Owen, 196 Okla. 538 , 166 P. 2d 766 . … This seems to be clearly established by the testimony of plaintiff’s witnesses.

Savage v. Burton

125 P.3d 1249 · Court of Civil Appeals of Oklahoma · Nov 15, 2005

Id. ¶ 7 At issue in the trial court was whether decedent qualified as an “insured” under Policy No. 246-2801-C13-36H. … Because Plaintiff was a participant in the alleged conversation she had with decedent regarding his residence, she “clearly had access to the relevant evidence at” the time of her deposition. Id.

National Ins. Underwriters v. Walker

206 Okla. 629 · Supreme Court of Oklahoma · Apr 1, 1952

That the contract not being ambiguous, the court improperly permitted plaintiff to establish by oral testimony .what was meant by the term “taxiing”. … Plaintiff cites numerous cases to the effect that when an insurance contract is ambiguous and obtuse, that oral testimony is admissible to establish the actual intent of the parties.