Case law

Marshall v. Kelly

465 F. Supp. 341 · District Court, W.D. Oklahoma · Dec 29, 1978

In addition, these accounts did not satisfy the definition of a “qualified” account under the security agreement. … No renewal of any note or other outstanding obligation to the Plan may be made unless same is clearly in keeping with ERISA law and rules and regulations there *355 under promulgated.

Cook v. Morrison

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 testamentáry capacity. … “It is not sufficient, to defeat a will, merely to establish that the testator was a victim of some delusion.

Washington v. World Publishing Company

506 P.2d 913 · Supreme Court of Oklahoma · Feb 20, 1973

Defendant, asserting the qualified privilege for publication of libelous statements about either “public officials” or “public figures” enunciated in New York Times Co. v. … Butts, supra, set out most clearly the kind of proof required for a “public figure” to recover damages for a defamatory falsehood when it said at 388 U.S. p. 155, at 87 S.Ct. p. 1991, at 18 L.

Queens, LLC, The v. Seneca-Cayuga Nation, The

District Court, N.D. Oklahoma · Oct 12, 2022

Ute Tribe of the Uintah and Ouray Reservation, 770 F.3d 944, 948 (10th Cir. 2013), the Tenth Circuit clearly states that tribal sovereign immunity is a federal defense, which cannot establish federal question jurisdiction … Martinez, in conjunction with Becker and Graham above, demonstrates that the mere involvement of a tribe as a party and the possibility of tribal sovereign immunity as a defense do not establish federal question jurisdiction

Bennett v. Windstream Communications, Inc.

30 F. Supp. 3d 1243 · District Court, N.D. Oklahoma · Jun 27, 2014

Under McDonnell Douglas, the aggrieved employee must first establish a prima facie case by showing: (1) she is a member of a protected class; (2) she suffered an adverse employment action; (3) she was qualified for the position … Clearly Bennett was unhappy with her job after the Windstream takeover. However, “not every unhappy employee has an actionable claim of constructive discharge pursuant to Title VII.” Bolden v.

Matter of MWN

590 P.2d 692 · Court of Criminal Appeals of Oklahoma · Feb 8, 1979

However, the cases clearly hold that at the preliminary examination the State need not prove beyond a reasonable doubt that a defendant is guilty of the crime charged. [1] All that is required is that the State present sufficient … the commission of a crime and to establish sufficient cause to believe that the defendant committed it.

Ex Parte Herrin

67 Okla. Crim. 104 · Court of Criminal Appeals of Oklahoma · Aug 4, 1939

American Jurisprudence, vol. 7, pp. 613, 614, states the modern rule clearly, in the following language: “It is well established that professions or trades operating directly on the person and thereby directly affecting the … Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community.’ Chicago, B. & Q. R. Co. v. McGuire, 219 U. S. 549, 565 , 31 S.

Cory v. State

543 P.2d 565 · Court of Criminal Appeals of Oklahoma · Nov 25, 1975

He hasn’t been qualified as an expert.” … These facts clearly constitute additional independent factors which this Court requires before defendant’s knowledge and control may be inferred from the fact that four plastic bags of marihuana were found in a hunting vest

Blanchard v. Gordon

418 P.2d 678 · Supreme Court of Oklahoma · Sep 20, 1966

The deceased was the only person qualified to claim the homestead exemption as a matter of law but whether he actually signed the application for exemption is not shown by the evidence. … On the contrary, it appears that the deceased was clearly the more experienced and capable of the two.

Jaquez

District Court, E.D. Oklahoma · Feb 23, 2026

The District Attorney Defendants assert they are entitled to qualified immunity. See Dkt. No. 38 at 9-12. … Furthermore, the Cherokee County Jail Defendants did not raise, let alone adequately brief, the issue of qualified immunity. Cf. Berryman v.

Snider v. Commercial Financial Services, Inc.

288 B.R. 890 · District Court, N.D. Oklahoma · Oct 31, 2002

The Bankruptcy Court’s findings of fact are reviewed under the “clearly erroneous” standard. Bartmann v. Maverick Tube Corp., 853 F.2d 1540 (10th Cir.1988). … However, finding that CFS was commercially reasonable in its sales process does not establish a defense under the WARN Act.

Sproat v. Durland

2 Okla. 24 · Supreme Court of Oklahoma · Feb 2, 1894

That the plaintiff was at that time qualified in all respects to take public lands under the homestead laws of the United States. “10. … Dicks, 1 Ok. 82, seems to establish a different rule.

In Re BRW

78 P.3d 1243 · Court of Civil Appeals of Oklahoma · Sep 19, 2003

As in D.M.J., ICWA did not apply to the Womacks' request to adopt B.R.W. without Mother's consent because they are clearly not attempting to "break-up an Indian family" nor attempting to interrupt the "continued custody" … validity. [5] Section 1912(f) of the ICWA provides: No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified

Tortorelli v. Mercy Health Center, Inc.

242 P.3d 549 · Court of Civil Appeals of Oklahoma · Jun 4, 2010

To recover, a plaintiff must establish both that injury was caused by the product and by a failure to warn of a possible detrimental reaction. Id. ¶ 5, 23-24. … She was not qualified as an expert, and was never a Mercy employee.

Johnson v. Riddle

41 Okla. 759 · Supreme Court of Oklahoma · Feb 10, 1914

The rale seems well established that, as said in Alluwee Oil Co. v. … “Relief will not be given in the courts from the decision of a town-site commission for a town in the Cherokee Nation in a contest arising on conflicting applications to purchase, or from the resulting patent, unless it clearly

MISSOURI GAS ENERGY v. GRANT COUNTY ASSESSOR

2016 OK CIV APP 44 · Court of Civil Appeals of Oklahoma · May 13, 2016

Appellees argued in their summary judgment motion that none of the gas allocated to MGE at the Webb storage facility qualified for the Freeport Exemption because natural gas in storage did not qualify as "goods, wares and … Water Resources Board , 1990 OK 121, ¶6 , 803 P.2d 1119 (setting forth general rule that statutory amendments are to be applied prospectively only unless the legislature clearly provides for retroactive application and stating

Carroll v. United States

227 F. Supp. 3d 1242 · District Court, W.D. Oklahoma · Jan 3, 2017

These facts must, at a minimum, establish an inference of the presence of each element essential to the case. Id. … “The most important consideration in establishing duty is foreseeability.” Id.

State v. McCray

15 Okla. Crim. 374 · Court of Criminal Appeals of Oklahoma · Jan 11, 1919

Wildman, the duly qualified and acting county attorney, in and for Creek county, state of Oklahoma, and upon his oath of office gives the district court of Creek county, state of Oklahoma, to know and be informed that W. … In our opinion, said section does not attempt to define any of the'material ingredients of the crime of . the larceny of a written instrument, but merely establishes a rule of evidence whereby the value of the instrument

McNeill v. City of Tulsa

69 O.B.A.J. 208 · Supreme Court of Oklahoma · Jan 13, 1998

is urged to the “strict letter” of a statute and the literal interpretation would lead to an inconsistency or incongruity between different parts of the enactment as they bear on each other and would produce consequences clearly … unquestionably limited to the existing topic and it is consistent with the history and purpose of the statute and the act. ¶ 14 The defendants correctly argue that the trial court’s decision finding prior military service is a qualifying

Brown v. Flowers

District Court, E.D. Oklahoma · Apr 14, 2023

Capron lumps his research on the retaliation claims against Sinnett together with research on qualified immunity, a defense raised by Flowers at summary judgment. … immunity.