Case law

Snethen v. OKL. UN. OF FARMERS EDUCATIONAL & CO-OP. UN.

664 P.2d 377 · Supreme Court of Oklahoma · Feb 15, 1983

. *382 The insured established a lawful and substantial economic interest — innocently acquired — and covered it by insurance. … His interest, which clearly meets the § 3605(B) criteria, is hence entitled to judicial protection.

Flud v. United States

23 F. Supp. 3d 1352 · District Court, N.D. Oklahoma · May 30, 2014

Flud clearly knew of the VA’s misdiagnosis and its failure to recommend and perform surgery by February 4, 2008, and that plaintiffs misdiagnosis claim accrued no later. Plaintiff does not contest that assertion. … Even if equitable tolling is available in this circuit, plaintiff has not established a basis for such relief.

Davis v. United States

199 F. Supp. 2d 1164 · District Court, W.D. Oklahoma · Apr 25, 2002

Vollmann, nevertheless, in the same memorandum concluded that the Eligibility Requirement was acceptable because the intent of Congress was not clearly established. See Pis.’ Mem. Opp’n Mot. Dismiss Ind. … “The courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction.” Id. at 194 , 89 S.Ct. 1657 .

Better Business Bureau of Oklahoma City, Inc. v. Jones

34 F. Supp. 573 · District Court, W.D. Oklahoma · Jul 19, 1940

The defendant is the duly appointed, qualified and acting Collector of Internal Revenue for the state of Oklahoma. The jurisdiction of the court is admitted. … This court cannot ignore facts clearly within its knowledge and, particularly, facts acquired within its official capacity.

Dix v. State

15 Okla. Crim. 559 · Court of Criminal Appeals of Oklahoma · Apr 1, 1919

This action removed the disqualification that otherwise existed against her being a qualified witness in *570 behalf of her codefendant, Mrs. Dix. After the dismissal of the state’s case against Mrs. … Baustert, expect this court to reverse a judgment of conviction against her based on evidence which clearly establishes her guilt for the sole purpose of permitting that to be done which she already had the opportunity to

Hostettler v. Carter

73 Okla. 125 · Supreme Court of Oklahoma · Jul 30, 1918

John Burns answered by general denial, and admitted that he was the duly appointed, qualified, and acting chief of police of the city of Enid, Okla. To .said answers replies were respectively filed. … Among other instructions the court gave the following instructions: “(1) The jury is instructed that the burden of proof in this cause is upon the plaintiff to establish all the material allegations of his petition; that

Ex Parte Small

92 Okla. Crim. 101 · Court of Criminal Appeals of Oklahoma · Jul 26, 1950

Respondent points out that the ordinance in question is not attacked on the ground that it is a revenue-producing measure or that it is not within the power of the city to establish a garbage disposal and DDT spraying system … “The immunity from imprisonment for debt contemplated and provided in said Section 20 of the Constitution has application to, and is limited to, debts arising out of contract. Bray v.

Taylor v. State

248 P.3d 362 · Court of Criminal Appeals of Oklahoma · Feb 16, 2011

Washington, 547 U.S. 813 , 126 S.Ct. 2266 , 165 L.Ed.2d 224 , (2006), in Proposition Three, the Opinion states that "[the relevant focus is clearly on what is happening to the hearsay declarant when the statements are made … . ¶ 5 However, it would appear the first question that should be asked in this type of evidentiary issue is whether the Statement even qualifies as "hearsay," ie was the statement offered for the truth of the matter asserted

Cook v. Bishop

764 P.2d 189 · Supreme Court of Oklahoma · Nov 1, 1988

Sec. 401(b)(15)(A)(2) and that Defendants therefore fail to qualify for the exemption provided in that section of the Oklahoma Securities Act. … The standard we apply for granting summary judgment in commission or other remuneration cases is, ... if the evidence is so clearly preponderant that it reasonably admits of but one conclusion, that the retained interest

Lester v. Smith

198 P.3d 402 · Court of Civil Appeals of Oklahoma · Oct 20, 2008

actually noticed, saw or was aware of the defect, where the buyer conducted an unimpeded inspection of the property. . another purpose of the Act is limiting the remedy available to a buyer and providing a certain amount of immunity … These latter acts clearly contemplate an existing claim being barred, classic statutes of limitations, and thus allow application of the discovery rule.

Georgia State Savings Ass'n v. Elias

192 Okla. 227 · Supreme Court of Oklahoma · Feb 16, 1943

It was also established that plans and specifications were not submitted to the company. … The acceptance thereof as contained in the letter of the company was conditional and qualified, and therefore constituted a new offer.

Mantooth v. AT & T Umbrella Benefit Plan Number 1

804 F. Supp. 2d 1171 · District Court, N.D. Oklahoma · Apr 13, 2011

become qualified based on education, training, or experience. … As a preliminary matter the Court must establish the proper standard of review for plaintiffs ERISA claim.

Atchley v. Varner

138 Okla. 156 · Supreme Court of Oklahoma · Sep 17, 1929

And certainly the English cases usually referred to do not establish the proposition in express terms. There does not seem to be any objection, however, to the establishment of a trust in personal property by parol. … Clearly plaintiff cannot qualify as a locator either as contestant or contestee, nor can she qualify as an assignee of a claimant locator, for which reasons it is obvious that she is not of the class to whom a lease may have

Barber v. Barber

198 Okla. 520 · Supreme Court of Oklahoma · May 6, 1947

Thereafter, administration proceedings were commenced in the county court of Osage county, and Myrtle Barber, surviving wife of Augustus Charles Barber, was appointed and qualified as administratrix of his estate. … We think that this language of the testator clearly indicated a recognition by him that Peton Barber was of his blood just as were the other three named in the subsequent bequests.

Dubuc v. Sirmons

75 O.B.A.J. 881 · Court of Civil Appeals of Oklahoma · Oct 21, 2003

The propositions in support of dismissal range from failure to exhaust administrative remedies to qualified and Eleventh Amendment immunities from suit. … Oklahoma Dept. of Corrections, 2001 OK 95, ¶ 1 , 37 P.3d 872, 873 . .The 1998 date is clearly a typographical error.

Miller v. State

313 P.3d 934 · Court of Criminal Appeals of Oklahoma · Sep 6, 2013

Unequivocal Jurors 154 This Court recognizes that when a prospective juror's responses to trial court questioning (and on any questionnaire) clearly establish that he or she is ineligible to serve in a capital case-because … Nevertheless, because the current state of the law so clearly establishes that it violated the Confrontation Clause to allow Dr. Distefano to give voice to the analysis, findings, and conclusions of Dr.

Jones v. State

70 O.B.A.J. 659 · Court of Criminal Appeals of Oklahoma · Feb 19, 1999

The opinion ignores established precedent and frequently employs twisted logic in reaching a decision which is clearly wrong. Therefore, I dissent. ¶ 2 In Morgan v. … During that time, defense asked many of the jurors life-qualifying questions.

Opinion No. 76-151 (1976) Ag

Oklahoma Attorney General Reports · Mar 25, 1976

(pg. 401) Clearly, the intent of Section 601 is to impose a positive duty on the Board of County Commissioners to maintain those roads which best serve the most people of the county. … Null, 51 Okl. 602 , 152 P. 92 (1915); which involved the issue of whether public officers were immune from liability for damages arising from repairing a highway, a duty imposed upon them by law. In Mott v.

Crain v. National American Insurance Co.

73 O.B.A.J. 2347 · Court of Civil Appeals of Oklahoma · Jul 9, 2002

However, the Supreme Court clearly held that a Burk tort *1039 lies only where the employer's wrongful discharge of an at-will employee is for refusing to act in violation of an established and clearly-defined public policy … information to the outside auditors to assist the auditors' determination of NAI-CO's financial stability, and that his failure to do so could have lead to a criminal charge against him.* 4 1 15 NAICO asserts Crain does not qualify

Green v. Konawa Independent School District

76 O.B.A.J. 543 · Court of Civil Appeals of Oklahoma · Oct 19, 2004

The issue was whether Section 155(20) provided governmental immunity for school-sponsored athletic contests which were not interscholastic athletic contests. … In each of the three cited eases the injured child was clearly participating in an athletic contest on school property.