Case law

Allen v. Allen

201 Okla. 1 · Supreme Court of Oklahoma · Sep 21, 1948

He contends that all the provisions of the second paragraph of the contract quoted above clearly referred to situations arising only while he was employed by Chrysler Corporation, and that upon the severance of such employment … In other words, willingness on the part of the insurance companies to write such insurance may be presumed, if defendant is physically qualified, and financially able to pay the premiums.

Barnett v. Regalado

District Court, N.D. Oklahoma · Jun 23, 2025

Qualified immunity The TCSO defendants contend they are entitled to qualified immunity. Dkt. # 81, at 21- 22. … Because Barnett fails to state a valid claim against any of the TCSO defendants, in their individual capacities, the Court will not address the issue of qualified immunity. XI.

State Ex Rel. Schones v. Town of Canute

64 O.B.A.J. 2091 · Supreme Court of Oklahoma · Jun 29, 1993

The action clearly is one to vindicate *440 public rights in insuring that public funds are properly spent. … It was not until the 17th Century that Parliament passed legislation establishing fixed time limits within which an action must be brought.

Smith v. Wickline

396 F. Supp. 555 · District Court, W.D. Oklahoma · Jun 23, 1975

The above cases are clearly distinguishable in that the individuals whose rights were allegedly violated were alive; indeed, Tyree v. … “A finding in favor of defendants in that case is clearly no bar to this action since none of these plaintiffs is a party to that judgment.” Hampton v.

Elliott v. American Airlines, Inc.

540 F. Supp. 2d 1203 · District Court, N.D. Oklahoma · Feb 11, 2008

The undisputed factual record clearly establishes that there exists no causal connection between Elliot’s firing and her exercising of her rights under the FMLA. … Therefore, Elliott has not established that her termination was related to the exercise or attempted exercise of her FMLA rights. Without that causal connection, Elliott’s firing cannot qualify as interference.

Merrell v. Merrell

712 P.2d 35 · Supreme Court of Oklahoma · Dec 24, 1985

This does not appear to reconcile with the intent of our adoption statutes, which is clearly expressed in the provisions of 10 O.S.Supp.1984 § 60.16, declaring that it is the final decree which establishes the new parent/ … not known and this fact is attested to by affidavit of the consenting parent, legal guardian, or person having legal custody of the child, notice by publication shall be given by publishing notice one time in a newspaper qualified

Bill Hodges Truck Co. v. Gillum

774 P.2d 1063 · Supreme Court of Oklahoma · May 31, 1989

Z., the worker has “severe coronary artery disease which is clearly inoperable” and that “the next medical treatment necessary ... is a heart transplantation.” … It does not establish the changed condition as a legitimate consequence of the accidental injury.

Pickens v. State

126 P.3d 612 · Court of Criminal Appeals of Oklahoma · Dec 7, 2005

That is, the Court will use de novo review in appeals from jury decisions on mental retardation rather than the objective rule of appellate review established in Myers, for no other conclusion can be reached upon reviewing … Here it clearly is.

ELIAS v. CITY OF TULSA

512 P.3d 385 · Court of Civil Appeals of Oklahoma · Sep 17, 2021

Clearly erroneous in view of the reliable, material, probative and substantial competent evidence; 6. Arbitrary or capricious; 7. Procured by fraud; or 8. … The error with Elias' proposition is that "all" means "all" in § 46H because the statute contains no qualifier or other limitation, such as "all, except . . ." or "all, not including . . . ."

Tibbetts v. Sight 'N Sound Appliance Centers, Inc.

74 O.B.A.J. 2538 · Supreme Court of Oklahoma · Sep 16, 2003

Supreme Court applies a functional test to immunity questions. … When judges adjudicate they have absolute immunity; when they legislate they have legislative immunity and when they act as executives, they have only executive immunity. In Supreme Court of Virginia v.

Gillespie v. Dentsply Sirona, Inc.

District Court, N.D. Oklahoma · Oct 10, 2025

Gillespie acknowledges that “the underlying facts of Ho and the case at bar are clearly distinguishable.” [ECF No. 17 at 17]. … Sovereign immunity Gillespie also relies on sovereign immunity under 51 O.S. § 152.1 to support her Burk tort claim. [ECF No. 17 at 17–18].

Grillot v. State of Oklahoma

District Court, W.D. Oklahoma · Dec 18, 2019

Because this is an immunity argument, the University seeks dismissal under Rule 12(b)(1), Fed. R. Civ. P., for lack of jurisdiction. … Herrick, 849 F.3d 1273, 1278 (10th Cir. 2017). 2The deadline established at the status and scheduling conference was October 12, 2019. Doc. no. 18, ¶ 2.

Roudebush v. Snell

103 Okla. 291 · Supreme Court of Oklahoma · Oct 21, 1924

The interpretation placed upon this contract by the trial court is borne out, we think, by the conduct of both parties to the contract in respect of delivering the qualified possession of the well to the defendant a day or … The exhibits introduced by the plaintiff and the conduct of the plaintiff at the time these exhibits were delivered to him clearly indicate, we think, that the plaintiff did not regard the contract as being wholly executed

Zachary v. Rescare Oklahoma, Inc.

471 F. Supp. 2d 1183 · District Court, N.D. Oklahoma · Dec 20, 2006

This statement, whatever it means, does not establish a genuine issue of material fact. … Prior Stipulation and Law of the Case Clearly, this is a new theory being asserted by Plaintiffs as grounds for judgment on Defendants’ affirmative defense.

Raymond v. (1) Select Specialty Hosp. Tulsa/Midtown, LLC

375 F. Supp. 3d 1203 · District Court, N.D. Oklahoma · Mar 20, 2019

During the investigation, Goetz spoke to Sutherland, who clearly denied sleeping. (Doc. 28-3, pg. 7.) Goetz also reinterviewed Tiemens, who then said she was not 100% sure that Sutherland was sleeping. … Prima Facie Case Plaintiff has met her burden of establishing a prima facie case.

Phoenix Printing Co. v. Durham

32 Okla. 575 · Supreme Court of Oklahoma · Feb 6, 1912

In order to determine this question it is necessary to clearly state the facts. … It also clearly appears from the evidence that this belt and pulley merely operated in the disc or paste wheel, and did not in any way touch the paste box.

DANI v. MILLER

374 P.3d 779 · Supreme Court of Oklahoma · Mar 29, 2016

In other words, if validly established claims exceed the established reserve, incoming unclaimed property will be held in reserve to pay valid claims until all established claims are paid, Appellant asserts this constitutes … 'A legislative act is presumed to be constitutional and will be upheld unless it is clearly, palpably and plainly inconsistent with the Constitution. Rural Water Sewer and Solid Waste Mgmt. v.

Territory of Oklahoma Ex Rel. McGuire v. Board of Trustees

13 Okla. 605 · Supreme Court of Oklahoma · Mar 4, 1904

of the county shall vote by ballot for or against establishing such high school. … As to the question thus submitted the language of the act is clearly a limitation upon the powers of the election board.

Faust Corp. v. Priddy

309 P.3d 140 · Court of Civil Appeals of Oklahoma · May 21, 2013

"An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence." … He did not do so, arguing instead in his motion to vacate that the assignment documents did not qualify as assignments or as assignments of any account where he was the obligor.

Mayberry v. Gaddis

88 Okla. 286 · Supreme Court of Oklahoma · Feb 6, 1923

It is also contended that some qualified voters were not permitted to vote, but the rule established by his court in that regard is that one who seeks to have an election declared void and set aside on the ground that by … There is no foundation for the latter claim, as the question submitted clearly showed that the entire amount of $675,000 should be authorized to be issued for the purpose of meeting like amounts to be furnished by the state