Case law

Ray v. University of Tulsa (In Re Ray)

262 B.R. 544 · United States Bankruptcy Court, N.D. Oklahoma · May 3, 2001

The court adopted the Grand Union definition of “loan” and held that the credit extensions qualified as educational loans for the purposes of § 523(a)(8). … Ray sup *551 posedly agreed to pay were clearly unliqui-dated when she signed the Enrollment Cards.

Layne-Western Co. v. City of Depew

177 Okla. 338 · Supreme Court of Oklahoma · Jun 30, 1936

side of the municipal business, the consent of a majority of the qualified taxpaying voters of the city must be first given. … These cases overwhelmingly establish the rule in this state that the on’y emergency which can legalize contractual municipal expenditure in excess of constitutional limitations without the consent of the taxpaying voters

High v. State

401 P.2d 189 · Court of Criminal Appeals of Oklahoma · Mar 3, 1965

The only testimony other than defendant’s is that of the doctor who admits he is not qualified to testify on mental disease — as an expert or non-expert. … Furthermore, the affidavit does not clearly 'state to whom the statement was given, or if it was given — it states, “To the best of my recollection — ” This Court held in the case of Whisenhunt v.

Simmons v. Chater

950 F. Supp. 1501 · District Court, N.D. Oklahoma · Jan 6, 1997

The Commissioner’s decision will be reversed when she uses the wrong legal standard or fails to clearly demonstrate reliance on the correct legal standards. Glass, 43 F.3d at 1395 . … The regulations therefore appear to place two qualifiers on the use of such information.

Peterson v. Underwood

220 P.3d 1158 · Court of Civil Appeals of Oklahoma · Nov 26, 2008

The summary judgment in favor of Underwood 121 There is no rule which gives lawyers absolute immunity from liability for malicious prosecution. Reeves v. Agee, 1989 OK 25 , ¶ 21, 769 P.2d 745, 755 . … The rule by which attorneys may be held liable for malicious prosecutions is clearly laid down by Tindal, C.J. in Stockley v. Har-nidge, 34 Eng. C.L.R. 276.

HUBERT v. HUBERT

540 P.3d 1103 · Court of Civil Appeals of Oklahoma · Feb 2, 2023

The court concluded it must grant attorney fees "only to that litigant who qualifies for the benefit through the process of that judicial balancing of the equities." … The court stated that it is well established that in attorney fees cases and domestic cases under this circumstance is a discretionary ruling by the Court, and the Thielenhaus case, which all the lawyers are aware of, dealt

In Re Guardianship of H.D.B.

73 O.B.A.J. 180 · Court of Civil Appeals of Oklahoma · Sep 11, 2001

Her testimony did establish that she obtained medical assistance for H.D.B. when the incident occurred. … Moreover, the exhibit has not been included in the appellate record and can not be further reviewed to ascertain whether its content qualifies as a hearsay exception. 110 In all events, error in rulings on evidence do not

Mouser v. Talley

375 P.2d 968 · Supreme Court of Oklahoma · Oct 2, 1962

The driver having been fully warned of the dust condition by one of the passengers, the others were clearly under no obligation to do more. … Averill Stowell, a qualified neurosurgeon, examined plaintiff June 7, 1956, and again saw he! June 25, 1956. She was in the hospital nineteen days, and the hospital records were produced in evidence. Dr.

Southwestern Bell Telephone Co. v. Oklahoma Corporation Commission

873 P.2d 1001 · Supreme Court of Oklahoma · Apr 13, 1994

If the legislator was hiring and firing, the immunity was that of an executive; but if a legislator or judge was engaged in lawmaking (or the judge in adjudication), absolute immunity applied. … "It creates preference and establishes inequity." Barrett v.

Liddell v. Heavner

180 P.3d 1191 · Supreme Court of Oklahoma · Jan 29, 2008

, 29 the Legislature, too, has defined fair cash value in terms of fair market value qualified by use. … Hence, a duly-enacted statute will be presumed to conform to the state and federal Constitutions and will be upheld unless it is clearly, palpably and plainly inconsistent with the Constitution. 41 A heavy burden rests on

French v. State

416 P.2d 171 · Court of Criminal Appeals of Oklahoma · Jun 8, 1966

Since the undisputed evidence establishes that James D. … This Court held this to be clearly violative of ■ the defendant’s constitutional right not to give incriminating, evidence against himself.

Meads v. Human

84 Okla. 82 · Supreme Court of Oklahoma · Dec 6, 1921

It is not safe to base a construction upon a particular word or phrase, for the language of legislative enactments is not always precise and accurate, and, besides, one portion may frequently be designed to extend, qualify … Hence, it is an established rule in the exposition of statutes’that the intention of' the lawgiver is to be deduced from a view of the • whole and of every part of a statute taken and compared together.

Smith v. American Flyers, Inc.

540 P.2d 1212 · Court of Civil Appeals of Oklahoma · Sep 18, 1975

Before a court may properly grant such a motion it must clearly appear that the movant is entitled to a judgment as a matter of law, viewing the supporting material in the light most favorable to his opponent. … However, it is clear that the general duty is qualified by the principle that the owner need not warn the invitee of open and obvious danger. Thus the Supreme Court in Nicholson v.

Thielenhaus v. Thielenhaus

890 P.2d 925 · Supreme Court of Oklahoma · Sep 25, 1995

The Court of Appeals affirmed the trial court’s resolution of all these disputed issues, holding that it is not clearly contrary to the weight of the evidence. … Before any price tag can be placed upon the divisible retirement component, the trial court must first establish its valuation date.

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

Opinion No. (2002)

Oklahoma Attorney General Reports · Dec 17, 2002

for social security, while it does not do so for those who do not qualify." … one [1] year or more, prior to the established date of this disability claim.

Yoakum v. Yukon Public Works

District Court, W.D. Oklahoma · Nov 25, 2019

Qualified Immunity At the close of their motion, Defendants argue that Mr. … Nov. 17, 2014) (finding no need to reach the issue of qualified immunity because Plaintiff did not allege sufficient facts to establish Eighth Amendment violation). VII.

Autumn House v. State ex rel. Oklahoma Tax Commission

62 O.B.A.J. 2170 · Supreme Court of Oklahoma · Jul 9, 1991

enactment it is not safe to base a construction upon a particular word or phrase, for the language of legislative enactments is not always precise and accurate, and, besides, one portion may frequently be designed to extend, qualify … Hence, it is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together." .See Baptist Health

Permetter

District Court, W.D. Oklahoma · Aug 24, 2026

custody does not establish the integrity of the evidence, the testing itself has the potential to establish the integrity of the evidence. … TIT. 22, § 1373.4(D). 4 Defendant also asserts Eleventh Amendment immunity, prosecutorial immunity, and qualified immunity. Doc. 15, at 11, 12, 19.

Ex Parte Hudspeth

271 P.2d 371 · Supreme Court of Oklahoma · Jun 1, 1954

The argument to support this contention is based upon the language of several of our earlier decisions,1 all holding to the effect that to justify a court in depriving a parent of his child’s custody the evidence must clearly … Thus, there being no evidence establishing his unfitness, it was reversible error for the trial court to refuse to issue the writ.