Case law

Rutherford v. United States

429 F. Supp. 506 · District Court, W.D. Oklahoma · Apr 8, 1977

It is clearly established that FDA has power to determine whether a particular drug requires an approved NDA in order to be sold to the public. Weinberger v. … In any event, the case relied upon by FDA is clearly distinguishable from the case at bar. In Durovic v.

Estate of Sieber v. Oklahoma Tax Commission

73 O.B.A.J. 710 · Court of Civil Appeals of Oklahoma · Oct 23, 2001

The ALJ and the OTC clearly ruled against the Estate on the first of the grounds and that ruling establishes the principle issue on appeal. 1 4 The first question is whether the Trust contains a general power of appointment … Clearly, under this definition Decedent here created and possessed a power of appointment in his Trust, and this Court so rules.

Opinion No. (1989)

Oklahoma Attorney General Reports · Jul 26, 1989

The Board does not function as an adversary of the prisoner, and it has an interest in releasing those who qualify for parole. Fronczak, 431 F. Supp. at 987 , citing Menechino v. … Specifically the Court stated: A parole system which provides for the "possibility of release" does not create a constitutionally protected liberty interest. 608 P.2d at 1134 . ¶ 20 Clearly, without a liberty and/or property

Campbell v. Wal-Mart Stores, Inc.

272 F. Supp. 2d 1276 · District Court, N.D. Oklahoma · Jul 21, 2003

The Steele Court found it unnecessary to decide the viability of a hostile work environment claim under the ADA because the plaintiff failed to establish that he was a qualified individual with a disability under the ADA. … The facts surrounding the incident for which Plaintiff was fired are clearly disputed by the parties.

Huff v. State

9 Okla. Crim. 675 · Court of Criminal Appeals of Oklahoma · Jul 5, 1913

On this question that court said: “The reservation of the authority of Congress to legislate in the future respecting the Indians residing within the new state is clearly supportable under the federal Constitution, art. 1 … “It is not our purpose to qualify the doctrine- established by repeated decisions of this court that the admission of a new state into the Union on an equal footing with the original states imports an equality of power over

Cumberland Operating Co. v. Ogez

769 P.2d 105 · Supreme Court of Oklahoma · Feb 9, 1988

The County Commissioners argue that a salt water disposal well is a “water system” expressly excluded by the legislature from qualifying for gross production taxes in Section 1001(h). … It is a well established rule in Oklahoma: [W]hen property is devoted to two uses, one of which, if exclusive, would excuse it from the payment of ad valorem taxes under the gross production tax law, the other of which, if

In Re Adoption of SW

73 O.B.A.J. 719 · Court of Civil Appeals of Oklahoma · Sep 18, 2001

The trial court concluded that the children's best interests were a criterion and, clearly from the transcript, placed great weight on this criterion. … The qualified expert testimony diminishes the risk of cultural bias: In re N.L., 1988 OK at ¶ 17, 754 P.2d at 867 .

Edmondson v. Pearce

91 P.3d 605 · Supreme Court of Oklahoma · Jul 28, 2004

In Fent, this Court said: In considering a statute’s constitutionality, courts are guided by well established principles. … IV, § 2, cl. 1 and Fourteenth Amendment, § 1, the privileges and immunities clauses concerning state and national citizenship, respectively).

Westlake v. Cooper

69 Okla. 212 · Supreme Court of Oklahoma · Feb 12, 1918

If plaintiff is a holder in due course of the note, in suit, then clearly the collateral agreement with Fitch to the effect that defendant should, not be liable, as indorser was not .available as a defense to this action, … fci'ictence ancl prevail in the trial court upon a theory of defense not available against plaintiff, yet the judgment in his favor was properly rendered, and should be affirmed, for the reason that plaintiff failed to establish

Jones v. State ex rel. Office of Juvenile Affairs

268 P.3d 72 · Supreme Court of Oklahoma · Dec 20, 2011

The new provisions of *78 SWDATA are clearly designed to simply limit the time an action may be brought, as do the old provisions of 40 0.8. Supp.1993 § 568. … for post accident drug testing; 2) defendant's drug testing policies are in accordance with 440(sic) § 554; and 3) The defendant is not lable for any tort by First Advantage Screening because 51 O.S. § 155(18) provides immunity

Cardtoons, L.C. v. Major League Baseball Players Ass'n

199 F.R.D. 677 · District Court, N.D. Oklahoma · Mar 15, 2001

Aull’s claim does not establish an at issue waiver as to this advice. … The Supreme Court has not yet decided whether opinion work product is absolutely immune from discovery. Cf. Upjohn Co. v.

Hauser v. Catlett

197 Okla. 668 · Supreme Court of Oklahoma · Oct 8, 1946

Under a minority view, business trusts have been held to be generally invalid, at least to the extent of rendering invalid any attempted immunity from personal liability. … There was no appraisement by a competent petroleum engineer or other qualified person, of the value of the assets of Petroleum Royalties Company.

Tate v. State

313 P.3d 274 · Court of Criminal Appeals of Oklahoma · Oct 28, 2013

An abuse of discretion has been defined as a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented. Marshall v. … The Defendant's sentence for Count II in CF-10-211 exceeds the statutory maximum punishment established by the legislature. b.

Groce v. Foster

880 P.2d 902 · Supreme Court of Oklahoma · Sep 28, 1994

The pertinent terms of § 12 are: “The immunity created by the provisions of this section shall not extend to action by an employee ... against another employer ... on the same job as the injured ... worker ... even though … The court found the termination wrongful as a violation of public policy clearly articulated in the federal statute. .

MOORE v. BLACKWELL

2014 OK CIV APP 37 · 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.

Bryant v. State

302 P.2d 787 · Court of Criminal Appeals of Oklahoma · Oct 17, 1956

After qualifying questions, witness gave it as his opinion from hís observation o.f the defendant that he was under the influence of intoxicating liquor. … Insofar as it established an evidentiary fact, such chart was clearly hearsay.

Majors v. Majors

263 P.2d 1012 · Supreme Court of Oklahoma · Apr 28, 1953

Griffin qualified as an expert on mental questions. L. O. Majors flatly denied that he ever made such an agreement. … established.”

KOPPITZ v. CHESAPEAKE ENERGY CORPORATION

2018 OK CIV APP 50 · Court of Civil Appeals of Oklahoma · Mar 9, 2018

ACPERA thus clearly limits recovery of single damages in both federal law antitrust cases and state law antitrust cases against ACPERA participants. … It is well established that federal antitrust law does not preempt the assertion of antitrust claims under parallel state antitrust law.

Herndon v. State

16 Okla. Crim. 586 · Court of Criminal Appeals of Oklahoma · Dec 15, 1919

The defendant was the duly elected, qualified, and acting county treasurer of Seminole county. … Its general object is to embody as clearly as practicable all the laws of a state from whatever source derived.

Brinlee v. State

543 P.2d 744 · Court of Criminal Appeals of Oklahoma · Dec 3, 1975

We have on numerous occasions held that an information charging one with escape which follows substantially the language of the statute and states the offense clearly and distinctly in ordinary and concise language without … The record before this Court clearly reflects that defendant was arraigned before the District Court of Pittsburg County on November 6, 1973, and entered a plea of not guilty with his court appointed counsel, Mr. J. A.