Case law

In Re Nitey's Estate

175 Okla. 389 · Supreme Court of Oklahoma · Dec 24, 1935

Smith, field representative of the Secretary of the Interior and the witnesses to the will, clearly established a prima facie case for the proponents. … The testimony of proponents’ witnesses was clearly to the effect that she possessed such capacity. Contestants sought to prove the contrary.

Vacu-Maid, Inc. v. Covington

530 P.2d 137 · Court of Civil Appeals of Oklahoma · Jan 17, 1975

And another “passive purchaser” was held to be immune from the Kansas long *143 arm jurisdiction in Oswalt Indus., Inc. v. Gilmore, supra. … Visits were also made by the two defendants in Whittaker who were found to fall “clearly into the category of passive purchasers.”

Housing Authority of Seminole Nation v. Harjo

790 P.2d 1098 · Supreme Court of Oklahoma · Apr 17, 1990

The non-deeded tract maintained its restricted status and is clearly under the control of the federal government. … Clearly, the federal government remains involved and concerned in the well-being of the Seminole Indians in this area.

Young v. Glanz

District Court, N.D. Oklahoma · Sep 30, 2020

Qualified Immunity Sheriff Glanz, who is sued in his individual capacity, asserts that he is entitled to qualified immunity on plaintiff’s § 1983 claim. … Glanz would be entitled to qualified immunity on plaintiff’s § 1983 claim here, as there is no evidence that Glanz possessed a “particularized mental state with respect to” any substantial risk that Ms.

STATE ex rel. OKLAHOMA BOARD OF MEDICAL LICENSURE AND SUPERVISION v. GREGORY

367 P.3d 922 · Court of Civil Appeals of Oklahoma · Dec 30, 2015

“The rationale, for this rule is that courts do not possess the specialized knowledge, training, experience or competency to substitute opinions for the judgment of qualified experts.” … lHeense voluntarily to halt the proceedings against him without requiring him to satisfy the statutory requirement to admit and describe his misconduct would render this requirement meaningless, in contravention of well-established

Edmonds v. Town of Haskell

121 Okla. 18 · Supreme Court of Oklahoma · Mar 30, 1926

The title of the act clearly disclrses such purpose, and the provisions of sections 1 and 2 thereof show clearly just how such purpose may be carried out, just how such towns may avail themselves of the privilege thus conferred … of lots subject to assessment to pay for the sewer sought to enjoin the work and the assessment on the ground that the engineers were nonresidents and ineligible to he city engineers, that they had not been appointed and qualified

Brockman v. State

60 Okla. Crim. 75 · Court of Criminal Appeals of Oklahoma · Sep 28, 1936

Several character witnesses qualified as knowing the general reputation of the defendant in the community in Avhich he lives for being a peaceable, law-abiding citizen, and each testified that his reputation was good. … In our opinion, for the reasons stated, the testimony given by these two witnesses was clearly incompetent, inadmissible, and prejudicial to the rights of the defendant.

Hartford Fire Insurance Company v. Martin

381 P.2d 877 · Supreme Court of Oklahoma · Feb 5, 1963

And he said, T have written and found out how they classify these boats’, and he said, T would be qualified to say that it is worth $3500.00.’ He said, ‘You should have $3500.00 worth of insurance on it.’ … The evidence does not establish the money value of their labor, or the amount it enhanced the value of the boat.

MOORE v. BLACKWELL

325 P.3d 4 · Court of Civil Appeals of Oklahoma · Dec 31, 2013

Clearly, Harrison's opinion was based on what he "saw, measured [and] calculated." … But Harrison was not acting in an official capacity in this case, a fact clearly established by Moore's counsel.

Williams v. Federal Deposit Insurance

723 F. Supp. 612 · District Court, W.D. Oklahoma · Aug 23, 1989

To invoke the protections of procedural or substantive due process afforded by the fifth amendment, the plaintiff must establish the existence of a recognized property interest in the benefit to which he claims an entitlement … Since this issue is likewise dispositive of the plaintiff’s claims against defendant Heafy, the Court finds consideration of defendant Heafy’s further claim of qualified immunity unnecessary.

McAlester Urban Renewal Authority v. Lorince

519 P.2d 1346 · Supreme Court of Oklahoma · Dec 4, 1973

No such essential common fact establishing liability is presented in this condemnation cases or any other, for the sole question is, of necessity, the value of the land condemned. … will not ordinarily be disturbed unless it clearly appears that this discretion has been abused.”

Olinghouse v. Olinghouse

66 O.B.A.J. 3845 · Court of Civil Appeals of Oklahoma · Aug 1, 1995

By using the words “in whole or in part”, any rights to custody which Mother may have, clearly remained undetermined. … “The right of a parent to the custody of a minor child is of great importance in awarding its custody, but it is not an absolute right, and is qualified by considerations affecting the welfare of the child.” Sims v.

Special Indemnity Fund v. Wilson

68 O.B.A.J. 2700 · Court of Civil Appeals of Oklahoma · Nov 12, 1996

that under such circumstances, the appellate court is under no obligation to search the record in support of arguments contrary to those set out in the submitted brief. 2 Wilson, as in Levi, did not judicially attempt to establish … The Levi court then clearly stated: Wilson’s claim against the Fund is here fatally defective for the reason she sought to impose liability solely against the Fund and not against her employer and the Fund.

Opinion No. (1999)

Oklahoma Attorney General Reports · Jul 19, 1999

Legislative intent can be established by consideration of statutory language. … This action does not qualify an insurer as a health care provider under the above-noted definition.

De Hasque v. Atchison, T. & S. F. Ry. Co.

68 Okla. 183 · Supreme Court of Oklahoma · May 21, 1918

inconvenience which may occasionally follow from the temporary delay in the transmission of the mail caused by the arrest of its carriers upon such charges, is far less than that which would arise from extending to them the immunity … But whether legislation of that character be constitutional or not, no intention to extend such exemption should be attributed to Congress, unless clearly manifested by its language.

Matousek v. Waukomis City of

District Court, W.D. Oklahoma · May 4, 2020

In Defendants’ view, caselaw establishes that the alleged facts are insufficient to support such a claim, and in any event, the defendant police officers are entitled to qualified immunity. … immunity.13 Plaintiff disagrees and asserts that she has alleged facts that constitute a constitutional violation showing that the officers’ actions were deliberately indifferent and it was clearly established at the

IN THE MATTER OF THE REINSTATEMENT OF GOFORTH

434 P.3d 944 · Supreme Court of Oklahoma · Jan 23, 2019

We held, she had shown her competence and learning in the law to qualify her for readmission without retaking the bar examination. … We hold the Petitioner has met her burden of proof and established by clear and convincing evidence her eligibility for reinstatement without examination.

Oklahoma Foundation for Medical Quality v. Department of Central Services

180 P.3d 1 · Court of Civil Appeals of Oklahoma · Dec 31, 2007

Here, the record establishes that OHCA and APS were not named and joined as parties in the caption of the underlying administrative action, but both appeared and participated. … Foundation alleges that although Central Services formally conducted the bid process and awarded the contract, OHCA designated APS as a qualified bidder, reviewed and scored the bids, ._ and recommended that APS be awarded

Oklahoma State of v. United States Department of Interior

District Court, W.D. Oklahoma · Nov 9, 2022

But one thing must be clearly understood. … It therefore qualifies as an agency action under the APA.

Special Indemnity Fund v. Stockton

653 P.2d 194 · Supreme Court of Oklahoma · Oct 12, 1982

Prior to the 1977 revision by the legislature, the standard for total permanent disability was established judicially as the statutes provided no definition. … Without such testimony, it is unlikely that the court can make a qualified assessment of the credibility of the claimant’s personal testimony regarding the discomfort or other handicap that make the performance of continuous