Case law

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

Cain v. Ponca City Independent School District I-71

District Court, W.D. Oklahoma · Jun 4, 2025

They raise the defense of qualified immunity. … When the defense of qualified immunity is invoked, the plaintiff must demonstrate “(1) that the defendant’s actions violated a federal constitutional or statutory right, and, if so (2) that the right was clearly

Burke v. Thomas

313 P.2d 1082 · Supreme Court of Oklahoma · Jun 25, 1957

A qualified pilot with a specially equipped plane, and who held a state issued permit for such operations, was engaged to carry out this work. … Clearly this portion of the verdict cannot be permitted to stand.

Sheffield Steel Corp. v. HMK Enterprises, Inc. (In Re Sheffield Steel Corp.)

320 B.R. 423 · United States Bankruptcy Court, N.D. Oklahoma · Nov 8, 2004

The report is clearly an out of court statement that is not an admission by Sheffield. … The record does not establish that the Noteholders are the only qualified creditors from whom Sheffield derives its rights under Section 544(b), however. 2.

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.

Vandervort v. Vandervort

134 P.3d 892 · Court of Civil Appeals of Oklahoma · Dec 30, 2005

Their solution was to obtain a divorce in which Husband received virtually all the marital property, thereby qualifying Wife for government assistance when her progressive illness caused her health to deteriorate to the point … On the contrary, the evidence clearly establishes that Wife wanted this divorce, participated in obtaining it, and did not seek relief from it until she suffered from an unanticipated event — Husband’s alleged refusal to

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.

McALARY v. STATE EX REL. DEP. OF HUM. SERV.

233 P.3d 399 · Court of Civil Appeals of Oklahoma · Dec 31, 2009

In view of the "reliable, material, probative and substantial competent evidence" in the record, this finding is not clearly erroneous. 75 O.S.2001 § 322(1)(e). … Section 1396a(k) was known as the MQT statute because it worked to include Medicaid qualifying trusts (MQTs) into the calculation of available resources. Id.

Hess Oil Virgin Islands Corp. v. UOP, Inc.

447 F. Supp. 381 · District Court, N.D. Oklahoma · Mar 20, 1978

Because the claim in this case arose in the Virgin Islands, venue would clearly be proper in that judicial district. … Blaski, supra, in arguing that because suit could not originally have been brought against Word in the Virgin Islands, that district does not qualify as one where this action “might have been brought”, and, consequently,

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

Opinion No. 76-303 (1976) Ag

Oklahoma Attorney General Reports · Nov 5, 1976

The above-quoted section defines with certain exceptions not quoted, those employees which will qualify to be a member of the Retirement System. … Such percentage is to be determined by establishing the percent of that total figure actually received.

Meriwether v. Gulf Oil Corporation

298 P.2d 758 · Supreme Court of Oklahoma · Jun 12, 1956

“A command to purchase or to acquire land constitutes a mandate to *761 take full and complete title unless -the command contain qualifying provisions to indicate otherwise. … Clearly, nothing short of a fee estate would be commensurate with the stated purpose in the instant case.”

Jent v. Jent

145 Okla. 74 · Supreme Court of Oklahoma · Sep 16, 1930

Miller, the executor of the estate of the deceased, was appointed such executor on the 13th day of March, 1923; that immediately thereafter he qualified by giving bond; that he paid out certain sums for nurse hire, attorneys … The order of the county court relied on solely by the plaintiff below to establish her title to the land shows upon its face to be invalid, and is insufficient to sustain the judgment of the trial court.

Aetna Insurance v. O. E. Woods Lumber Co.

182 Okla. 65 · Supreme Court of Oklahoma · Feb 8, 1938

In such cases the clause established an independent contract between the insurance company and the mortgagee and the default of the mortgagor did not prejudice the rights of the mortgagee in participating therein. … But it is noted that the court immediately qualifies that phrase by stating: “which is merely collateral to the principal undertaking to pay the mortgagor; and that the mortgagee is merely an appointee of the fund, with rights

Board of Law Library Trustees v. State Ex Rel. Petuske

62 O.B.A.J. 3658 · Supreme Court of Oklahoma · Nov 26, 1991

Const., 26 then a district court suit to test the act’s validity clearly was improper. … judge and the clerk of the court of the county where the fund is established. * * *” (Emphasis added.) 11 .

UNIBRIDGE SYSTEMS, INC. v. PATTERSON

396 P.3d 854 · Court of Civil Appeals of Oklahoma · May 5, 2017

Thus, the Solicitation was properly let under the CPA. ¶ 10 In the present case, the parties clearly disagree as to which Act governs. … Handbook 44 establishes the standards. A national evaluation program, NTEP, evaluates and tests scales and other weighing devices to see if they comply with Handbook 44.

Maharry v. Eatman

29 Okla. 46 · Supreme Court of Oklahoma · May 23, 1911

It does not *53 clearly appear just how a practice so different as that in Arkansas and that in the Indian Territory, under the same statutes, became established. … It is, in our judgment, clearly apparent that the purposes of the act of May 27, 1908, were to establish a uniform and complete system applicable to all of the tribes; to substitute the provisions of the act of May 27, 1908

Opinion No. (2009)

Oklahoma Attorney General Reports · Dec 18, 2009

from certain local taxes or fees may be used to finance project costs in areas qualified under the Local Development Act." … Thus, the authority to apportion local sales taxes, other local taxes and local fees is clearly found in Article X, Section 6C of the Constitution and provisions of the Local Development Act.

KMC v. State

221 P.3d 735 · Court of Criminal Appeals of Oklahoma · Oct 29, 2009

The role of this Court is to interpret and reconcile those statutes under the established rules of construction and not cherry pick some rules and disregard others. … Specifically, when the Legislature amended § 7306-2.9 to set the 18 year five month age limit, it obviously was defining a class of otherwise lawfully eligible older youth, an option it clearly reserved to itself in § 7306

MEEKS v. GUARANTEE INSURANCE COMPANY

392 P.3d 278 · Supreme Court of Oklahoma · Feb 28, 2017

"To implement this bargain, the Legislature established the workers' compensation system as the exclusive remedy for employees who suffer accidental on the job injuries. … To hold that a workers' compensation insurer's immunity from tort liability is not coterminous with that of an insured employer's own immunity would indeed abrogate the latter's protection by removing the bargain's very pedestal