Case law

American Insurance Ass'n v. State Industrial Commission

745 P.2d 737 · Supreme Court of Oklahoma · Nov 3, 1987

The initial question we must determine is whether the controversy sought to be presented has been rendered moot, in whole or in part, by the passage of after-enacted legislation. 7 It is a long-established rule that this … law between nisi prius and appellate decisions compels the appellate court to apply the latest version of the pertinent law. 14 It is quite apparent that all the post-§ 149.1 enactments on the subject here in contest were clearly

United States Ex Rel. Trim v. McKean

31 F. Supp. 2d 1308 · District Court, W.D. Oklahoma · Nov 20, 1998

Clearly Dr. McKean did not feel his billing was constricted by the information provided by the doctors he served. For example, Dr. … McKean had no justification for its use, and it was clearly a designation that the chart did not support the level of service claimed.

M.B. v. T.R.

264 P.3d 1258 · Supreme Court of Oklahoma · Nov 1, 2011

At the conclusion of those proceedings the judge held that T.R. clearly exercised his paternal rights and that he made monetary contributions to the natural mother during her pregnancy. … STANDARD OF REVIEW T7 "An abuse of discretion occurs when a trial court exercises its discretion 'to an end or purpose not justified by, and clearly against, reason and evidence.

Presley v. Board of County Commissioners

70 O.B.A.J. 1669 · Supreme Court of Oklahoma · May 18, 1999

A statute will be upheld unless it is clearly, palpably, and plainly inconsistent with fundamental law. 18 In testing the validity of a state statute which differentiates in treatment of one class paralleled with its treatment … the power to make gratuitous compensation to officers in addition to that established by law; 3) to establish the complete independence of the three branches of government; 4) to prevent office holders from using influence

St. Louis-S. F. Ry. Co. v. Routh

133 Okla. 168 · Supreme Court of Oklahoma · Apr 10, 1928

This contention is clearly without merit, and no authority is cited in support thereof. … We think the instruction in this case in this regard came clearly within the well-established rule that, where an instruction is inaccurate or incomplete and the inaccuracy or incompleteness is cured by othér instructions

McCuiston v. Christian

197 Okla. 441 · Supreme Court of Oklahoma · Sep 17, 1946

The juror was not qualified in the case at bar. 12 O.S. 1941 , §572. … established in respect to some pure, simple, and unmixed question of law, or that the trial court acted arbitrarily or capriciously.

Opinion No. (1999)

Oklahoma Attorney General Reports · Jul 23, 1999

Exercise the right of eminent domain for any municipal purpose, within or without its corporate limits, and to establish, lay, and operate any plant or pipeline upon any land or right-of-way taken pursuant to eminent domain … Legislative acts are presumed constitutional and will be upheld unless "clearly, palpably and plainly inconsistent with the Constitution." Kimery v. Public Service Co. of Oklahoma, 622 P.2d 1066 , 1069 (Okla. 1980).

Edwards v. State

94 Okla. Crim. 11 · Court of Criminal Appeals of Oklahoma · Feb 14, 1951

But clearly, such is not the situation confronting us herein. He further relies on the case of Padgett v. State, 90 Okla. … It Is an- established custom relied upon in every day transactions with the grocer, druggist, filling station operator, and all other sellers of merchandise to rely upon the brands which appear upon packages and cartons.

Garnett v. Storm

64 Okla. 137 · Supreme Court of Oklahoma · Feb 20, 1917

Clearly the execution of the note and mortgage was not denied by verified answer, as counsel contend. … In our judgment, all of these instruments construed together clearly show that Chas. H.

Anthony v. Barton

196 Okla. 260 · Supreme Court of Oklahoma · Dec 18, 1945

The evidence established that Berry-hill constructed the line in 1922, and that in 1928 he sold his farm to C. M. … The findings and judgment of. the court are clearly right and are sustained by the law and the evidence. Affirmed. GIBSON, C. J., HURST, V. C. J., and BAYLESS, WELCH, CORN, and DAVI-SON, JJ., concur.

NONDOC MEDIA and WILLIAM W. SAVAGE III v. STATE Ex Rel. BOARD OF REGENTS of the UNIV. of OKLAHOMA

2026 OK 2 · Supreme Court of Oklahoma · Jan 13, 2026

But the Majority fails to recognize that courts "construe the [ORA's] provisions to allow access unless an exception clearly applies." Id. The record before us does not demonstrate an exception clearly applies. … As such, the existence and scope of any joint-interest agreement and the nature of the subpoena cannot be presumed and must be established through competent evidence on remand ¶37 A ruling upon a motion for summary judgment

Cain v. St. Louis-San Francisco Railroad Company

293 P.2d 355 · Supreme Court of Oklahoma · Nov 1, 1955

In the Templar case, supra, the motorist’s lack of knowledge of existence of the railroad crossing was held not to qualify the rule. … The failure of such evidence to establish the issue sought to be injected into the case is apparent.

Sicking v. Sicking

996 P.2d 471 · Court of Civil Appeals of Oklahoma · Aug 27, 1999

Gorham, 1984 OK 90 , 692 P.2d 1375 . ¶ 18 Clearly, Mother disagrees with the trial court’s assessments of some of the evidence. … Attorney fees must be granted only to litigants who qualify for the benefit through the process of a judicial balancing of the equities. ¶ 25 There is no abuse of discretion in requiring Mother to pay the attorney fees she

Cowen v. Walgreens Co.

District Court, N.D. Oklahoma · Dec 13, 2022

Indeed, “it is well established that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle … Because Plaintiffs claims flow directly from the administration of a qualified countermeasure, there is no plausible way that amendment would alter the outcome.

FUSTON v. STATE

470 P.3d 306 · Court of Criminal Appeals of Oklahoma · Mar 5, 2020

An abuse of discretion is any unreasonable or arbitrary action taken without proper consideration of the facts and law pertaining to the matter at issue or a clearly erroneous conclusion and judgment, one that is clearly … Hall , 572 U.S. at 704 . ¶7 I concur in the result here because the State established clear and convincing evidence that Appellant had a qualified cut-off level IQ score of 81, and the remaining record strongly indicates

Housing Authority of the Choctaw Nation v. Craytor

600 P.2d 314 · Supreme Court of Oklahoma · Jun 26, 1979

The powers, duties, and responsibilities of the Housing Authority and its officers are established and defined in the Act, not be tribal law. … Each commissioner shall qualify by taking the official oath of office prescribed by statute or ordinance for elected officials of the county or city, as the case may be.” 4 .

PARSONS v. DISTRICT COURT OF PUSHMATAHA COUNTY

408 P.3d 586 · Supreme Court of Oklahoma · Dec 12, 2017

During the required period of hospitalization the Department of Mental Health and Substance Abuse Services shall have the person examined by two qualified psychiatrists or one such psychiatrist and one qualified clinical … The trial judge’s June 6, 2012, order clearly deviated from the aforementioned statutory language. Journal Entry, Orig. Rec., p. 17. 6 .

Bruning v. City of Guthrie

101 F. Supp. 3d 1142 · District Court, W.D. Oklahoma · Apr 21, 2015

Franklin Capital Corp., 251 F.3d 1284, 1290 (10th Cir.2001) (party seeking removal has the burden of proof to establish jurisdiction); Laughlin v. … The Eighth and Eleventh Circuits have also grappled with the general issue, but not in a way that clearly places them in one camp or the other. Boone v.

Thomas v. Four Seasons Nursing Centers, Inc.

206 F.R.D. 294 · District Court, N.D. Oklahoma · Feb 5, 2002

If § 2503 is alone applicable, then it causes a qualified waiver of any physician-patient privilege which Mr. Kannady might have held. Pursuant to this qualified waiver, *297 Defendants may not talk ex parte with Mr. … As with hospitals and nursing facilities, the Oklahoma Legislature has clearly delineated between the practice of the healing arts and the practice of nursing.

Consolidated Flour Mills Co. v. Muegge

127 Okla. 295 · Supreme Court of Oklahoma · Sep 13, 1927

“The fact that the business carried on by a corporation is entirely interstate in its character does not render the corporation immune from the ordinary process of the courts of the state.’’ In the St. … The rule directly applicable to this case is clearly stated by tbe Supreme Court of Georgia in the case of Pickens Co. v. Thomas, 152 Ga. 648 , 111 S. E. 27 , 21 A. L.