Case law

Equal Employment Opportunity Commission v. Voss Electric Co.

257 F. Supp. 2d 1354 · District Court, W.D. Oklahoma · Apr 7, 2003

Eiland cannot establish a prima facie case of disability discrimination. To establish his prima facie case, Mr. … Eiland must “establish that: (l)[he] is a disabled person as defined by the ADA; (2)[he] is qualified, with or without reasonable accommodation, to perform the essential functions of the job held or desired; and (3) the employer

In Re 1973 John Deere 4030 Tractor

62 O.B.A.J. 2437 · Supreme Court of Oklahoma · Jul 30, 1991

The evidence establishes the following undisputed facts. Victor C. … He is said to have a “qualified possessory right” in the property. (Snethen, 664 P.2d at 381.)

Hughes v. State

529 P.2d 510 · Court of Criminal Appeals of Oklahoma · Sep 16, 1974

We find it unnecessary to consider the question of whether the informant’s tip was enough to establish probable cause to arrest, in view of the fact that an arrest had not yet taken place at the time the revolver was seized … Persons who are not qualified to serve as jurors are: ****** 5. Licensed attorneys engaged in the practice of law . . .” Whether or not Mr.

Miles v. Rogers County Board of Commissioners

District Court, N.D. Oklahoma · May 16, 2025

Plaintiff asserts that Turn Key does not provide training to LPNs on the "symptoms which warrant contacting" a qualified medical provider. (Id.) … To establish Monell liability, the plaintiff must allege an "(1) official policy or custom[,] (2) causation, and (3) state of mind." Hinkle v. Beckham Cnty. Bd. of Cnty.

HOUGH OILFIELD SERVICE, INC. v. NEWTON

396 P.3d 230 · Court of Civil Appeals of Oklahoma · Sep 22, 2016

The interpretation urged by Appellant serves the intended purpose of the statute which, in our view, clearly contemplates the circumstances extant here. … Kelsey Hayes, Inc., 1991 OK 83 , 825 P.2d 1273 , to establish that an action dismissed without prejudice in which the defendants have not been served with summons may be refiled within one year of the dismissal pursuant to

Armstrong v. Phillips

76 Okla. 192 · Supreme Court of Oklahoma · Dec 3, 1918

As there can be no question that the evidence introduced by the plaintiff clearly tends to establish her contention that the deed made by her to her grandfather was intended as security for the payment of a loan of money, … L. 1910, which provides: “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be de-feasible or as security for the payment of money, shall be deemed

Putman v. State

9 Okla. Crim. 535 · Court of Criminal Appeals of Oklahoma · Jun 7, 1913

The practical effect of the position of counsel for appellant would be-to grant immunity to the keepers of such houses, it matters not where located. … That fact being established, both upon principle and authority, we think the testimony competent.

Ryan v. Humphries

50 Okla. 343 · Supreme Court of Oklahoma · Jul 27, 1915

We are of opinion that the evidence clearly shows that the contract was made by Abbott and Gamble, as director and clerk of the district, in the absence and without the consent or knowledge of the respondent. … “ ‘Ratification, as it relates to the law of agency, is the express or implied adoption of the acts of another by one for whom the other assumes to be acting, but without authority, and such ratification as effectually establishes

Mills v. State

594 P.2d 374 · Court of Criminal Appeals of Oklahoma · Jun 26, 1979

Patricia Armstrong, having been granted immunity from prosecution, basically corroborated the testimony of Emily Grant. … State, Okl.Cr., 546 P.2d 1336 (1976), where the court said: “ * * * Clearly, the informant was present only to detect whether or not the defendant was selling heroin.

Savage

District Court, W.D. Oklahoma · Jul 21, 2026

Except for their assertion of qualified immunity, which the undersigned finds unnecessary to address, the undersigned considers each of Defendants’ arguments in turn. … Congress abrogates a state’s immunity.

Philadelphia Gear Corp. v. Federal Deposit Insurance

587 F. Supp. 294 · District Court, W.D. Oklahoma · May 17, 1984

By establishing her own claim, Ms. … However, that determination was clearly fact-based; all other claimants will have to prove their own cases in order to qualify for deposit insurance.

In Re Holmes'estate

270 P.2d 320 · Supreme Court of Oklahoma · May 4, 1954

The rule is well established that where a will has been admitted to probate the burden of proof rests upon contestants to establish lack of testamentary capacity. … "It is not sufficient, to defeat a will, merely to establish that the testator was victim of some delusion.

Kunkel v. Barnett

10 F.2d 804 · District Court, N.D. Oklahoma · Jan 26, 1926

The evidence clearly establishes that one Lake Moore purchased the interest in the lands in controversy held by Tucker Barnett. … A review of the eases involving this question clearly establish that a divorce according to the Indian custom is valid, where the acts by which it is alleged to have been effected take place while the parties continue to

Joint School Dist. No. 132 v. Dabney

127 Okla. 234 · Supreme Court of Oklahoma · Oct 25, 1927

.; nor shall any tax be levied, etc., unless by a vote of the majority of the qualified voters therein.’ And the principle of uniformity is established and required by section 9 of this article.” … Plaintiffs also contend that section 3 of said act is not clearly set out in the title of the same.

Opinion No. 07-27 (2007)

Oklahoma Attorney General Reports · Sep 13, 2007

Having established the requirements for participation in the System, we must next determine under what circumstances an eligible participant receives credited service in the System. … There was no other training to become a permanent police officer which would qualify such person for participation in the System. See id. 4.

Continental Oil Co. v. H. E. Rapp

301 P.2d 198 · Supreme Court of Oklahoma · May 22, 1956

Continental answered and filed a cross-petition alleging that there had been established the “Ceres Bartlesville Sand Unit” affecting certain oil and gas leases in Noble County and that Continental was appointed and is still … acting as the Unit Operator; that the Rapps owned two producing oil and gas leases located within the Unit Area and became a member of the Unit and a qualified subscriber to the Plan of Unitization which provided in part

Free

District Court, N.D. Oklahoma · Jun 11, 2026

As to the second part, plaintiffs have clearly alleged that defendants have violated plaintiffs’ inherent sovereign authority and federal law by attempting to enforce state wildlife laws on tribal land against Indians. … The party invoking the jurisdiction of a federal court has the burden to establish Article III standing. New England Health Care Emps. Pension Fund v.

Opinion No. (1989)

Oklahoma Attorney General Reports · Jun 8, 1989

That is to say, it is mathematically impossible to qualify for retirement benefits under the second subparagraph without having previously qualified for them under the third subparagraph's "rule of eighty." … We think that the emphasized language in 19 O.S. 956 , supra, is such a provision and clearly applies. Only when an employee's service with the county "shall have ceased" is he eligible for retirement benefits.

Barnett v. Barnett

917 P.2d 473 · Supreme Court of Oklahoma · May 13, 1996

The issues pressed on certiorari are: [1] Is the trial court’s disposition contrary to established principles of equity jurisprudence insofar as it refuses to recognize a marital debt for a 1992 Dodge Caravan? … Nonetheless, they may be granted to that litigant who qualifies for the added benefit by the statute-mandated process of judicial balancing of the equities. 16 Apart from this principle, a counsel-fee award is an appellee

Nance v. State

41 Okla. Crim. 379 · Court of Criminal Appeals of Oklahoma · Jan 2, 1929

Willett as an appointed and qualified county attorney. … The publication of the matter in question is clearly proven, a copy of the Fish Hook, of the date named in the information, was in evidence before the jury, and it is conclusively established that the publication was libelous