Case law

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.

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.

Scott v. Price

103 Okla. 150 · Supreme Court of Oklahoma · Oct 7, 1924

The receiver immediately qualified and took charge of the premises as authorized and directed in said order. … The rule applicable to cases of this hind is announced very clearly, we think, in Folk v. U. S., 233 Fed. 177 . where it is said in the opinion by Mr.

State Farm Mutual Automobile Insurance Co. v. Wendt

708 P.2d 581 · Supreme Court of Oklahoma · Oct 22, 1985

Thus depending upon the particular policy under which recovery is sought, these vehicles ostensibly qualify, (or do not qualify), as "insured motor vehicles". … The claimant qualified as an insured by virtue of his status as a resident relative of the named insured.

Arrow Trucking Co. v. Lewis

75 O.B.A.J. 862 · Supreme Court of Oklahoma · Mar 22, 2004

His exoneration today would confer like immunity on others. … The latter establishes a twenty-day period to perfect a court-review proceeding.

De Verges v. City of Pawnee, Oklahoma

District Court, N.D. Oklahoma · Mar 11, 2022

To do so would not only fail to conform to established precent which refused to construe the OGTCA as providing blanket immunity, but would also render the Constitutional protections afforded the citizens of … Because the Court has granted Defendants’ request of dismissal, it does not address their qualified immunity arguments. III.

Travelers Property Casualty Corp. v. Jim Walter Homes, Inc.

69 O.B.A.J. 2060 · Court of Civil Appeals of Oklahoma · Jan 20, 1998

Significantly, the court qualified its holding: The only issue presented here is whether or not the doctrine of collateral estoppel may be applied defensively. … The court noted that “[t]he only issue clearly decided in the arbitration proceeding was whether the contractor -was entitled to damages from the [project owner] pursuant to the ... construction contract.”

Markwardt v. City of Guthrie

18 Okla. 32 · Supreme Court of Oklahoma · Feb 13, 1907

But this reasoning is clearly based upon a mistaken notion of the basis of this action. … and fully established by the evidence, would entitle the plaintiff to relief.

Robertson v. LaCroix

534 P.2d 17 · Court of Civil Appeals of Oklahoma · Apr 17, 1975

Hanson, Okl., 415 P.2d 991 , at page 995, if the origin of the injury is subjective or obscure and not readily apparent to a layman or if there are several equally probable causes of the condition, testimony of a qualified … Plaintiff’s expert medical testimony established that if her injury was caused by an embarrassment of her blood circulation, which is clearly not attributable to any negligence on the part of the defendant, it would have

Southwestern Cotton Oil Co. v. Farmers Union Co-Op. Gin Co.

165 Okla. 31 · Supreme Court of Oklahoma · Jun 6, 1933

On these questions the Commission, in the application of Farmers Union Co-operative Gin Company, found: “Second: That applicant, Farmers Union Co-operative Gin Company, is a competent and qualified concern under the law to … The reason for the difference in prices does not clearly appear. It may be because of the co-operative gin at Paoli, or because of lack of storage facilities at Pauls Valley.

United States v. Grey

355 F. Supp. 536 · District Court, W.D. Oklahoma · Feb 28, 1973

The establishment of divisions and the drawing of names wholly from within such division is based on both considerations of unnecessary expense and undue burden to jurors. … Clearly, this is not the result intended by Congress and the law is well established that Defendants are not entitled to a proportionately-composed grand or petit jury, jury panel or qualified jury pool. Cf. Swain v.

Cohlmia v. Ardent Health Services, LLC

448 F. Supp. 2d 1253 · District Court, N.D. Oklahoma · Aug 9, 2006

Co., 427 U.S. 273, 296 , 96 S.Ct. 2574 , 49 L.Ed.2d 493 (1976), for the proposition that rights of white citizens terminated from employment for their association with protected class members are clearly established); see … Under Oklahoma law, participants in the peer review process are granted immunity from liability in such circumstances. See 76 Okla. Stat. §§ 25-28.

American Fertilizer Specialists, Inc. v. Wood

635 P.2d 592 · Supreme Court of Oklahoma · Oct 6, 1981

While we agree that the rule set forth in Olin Mathieson is a correct statement of the law, the case is clearly distinguishable from the case at bar. … Section 2-607(4) provides: “The burden is on the buyer to establish any breach with respect to the goods accepted.” 4 .

Bond v. Phelps

200 Okla. 70 · Supreme Court of Oklahoma · Mar 30, 1948

The duties provided for in the act clearly do not do so. … So far as the performance of the duties of special judges are concerned, the regular judges stand as any other qualified individuals.

Scott v. Peterson

126 P.3d 1232 · Supreme Court of Oklahoma · Nov 22, 2005

Determining substantial compliance with a statute involves a judicial examination of facts, and then once those facts are established the issue is primarily one of law. K & H Well Service, Inc. v. … Gray, 1985 OK 35 , 702 P.2d 360, 363 ("Although ordinary work product is cloaked with a qualified immunity, it may be discovered upon a showing of the inability to secure the substantial equivalent of the materials without

Crawford v. Turn Key Health Clinics, LLC

District Court, N.D. Oklahoma · Jul 8, 2025

Recently, the Oklahoma Supreme Court answered this question in the affirmative: “Clearly, the scope of sovereign immunity maintained by 51 O.S. § 155(25) for claims resulting from ʻequipping, operation or maintenance of … Although it is well-established that “a mu- nicipality is immune from punitive damages under 42 U.S.C. § 1983,” City of Newport v.

Caldwell v. Baxter

158 Okla. 76 · Supreme Court of Oklahoma · Sep 22, 1931

Caldwell, of lawful age, being first duly sworn, says: "That she is the duly appointed, qualified, and acting executrix of the estate of Charles W. … On the other hand, plaintiffs contend that a reading of the answer, and especially paragraph 4 of the same, and the statement of counsel for defendant at the beginning of the trial, and the other statements of counsel, clearly

In Re Estate of Gentry

75 O.B.A.J. 1510 · Court of Civil Appeals of Oklahoma · Jan 23, 2004

Separate evidence of paternity is a requirement where legitimacy is being established by open or public acknowledgment. … established a prima facie case of testamentary capacity.

KLX Energy Services LLC v. Magnesium Machine LLC

District Court, W.D. Oklahoma · Feb 22, 2021

And thus, Appellees’ conduct does not qualify for the 2KLX also makes a 12(b)(6) argument based on the litigation privilege, citing Cardtoons, L.C. v. … It is not clear whether a partial dismissal of certain counterclaims should qualify as “dismissal of a legal action.”

VIDEO GAMING TECHNOLOGIES v. ROGERS COUNTY BD. OF TAX ROLL CORRECTIONS

2019 OK 83 · Supreme Court of Oklahoma · Dec 17, 2019

Part 10(B)(1), 11(B). ¶31 IGRA also established the NIGC and gave it power to close gaming activities; adopt regulations for, levy, and collect civil fines; establish the rate of fees; approve tribal ordinances or resolutions … of independent Federal regulatory authority for gaming on Indian lands, the establishment of Federal standards for gaming on Indian lands, and the establishment of a National Indian Gaming Commission are necessary to meet