Case law

Mooney v. Regalado

District Court, N.D. Oklahoma · Mar 23, 2021

This case involved alleged staff-on-inmate sexual misconduct, and the Ullery Court affirmed the denial of a defendant’s motion to dismiss based on qualified immunity. … established law.

Hall v. Conocophillips

248 F. Supp. 3d 1177 · District Court, W.D. Oklahoma · Mar 31, 2017

To establish plaintiff’s benzene exposure, Dr. … Mitchell testified that he was qualified to tell Dr.

Hurley v. Anicker

51 Okla. 97 · Supreme Court of Oklahoma · Jul 20, 1915

We call special attention to the qualifying clause in the quotation given, “the other party being ready and willing to proceed and fulfill all his stipulations according to the contract.” … terms, without any fault upon the paid; of the vendor, who is willing to perform, is not entitled to come into court and recover the portions of the purchase price that he has paid under the contract; but this case just as clearly

Bartlett v. Okla Oil Co.

218 F. 380 · District Court, E.D. Oklahoma · Sep 29, 1914

territory shall apply to all persons therein, irrespective of race, said courts exercising jurisdiction thereof as now conferred upon them in the trial of like causes; and any citizen of any one of said tribes otherwise qualified … In Black on Judgments, § 379, it is said: “It is said, in a New Hampshire decision, that whenever a tribunal possesses qualified and limited powers, authorizing them to act in certain specified cases only, and by special

County Assessor v. United Brotherhood of Carpenters & Joiners, Local No. 329

202 Okla. 162 · Supreme Court of Oklahoma · Nov 8, 1949

Local unions have the power to regulate and make payment of sick donations but may do so only by an established by-law. The Union has established and maintains a contingent fund for such purpose. … This connection is as clearly one for business purposes as is that of members in a partnership, or of stockholders in a corporation.

STATE v. BRADLEY STATE v. BRODIE

2018 OK CR 34 · Court of Criminal Appeals of Oklahoma · Nov 15, 2018

The magistrate must consider the proof established by the State in light of the statutory elements of the given offense. … If the elements of the crime are not proven, then the fact of the commission of a crime cannot be said to have been established.

Boardman Co. v. Clark

166 Okla. 194 · Supreme Court of Oklahoma · Nov 14, 1933

The cases holding this are too numerous to cite and have not been overruled or qualified in any respect. Therefore, the finding of the Commission in this respect is erroneous. … It is clearly a denial of that motion, based upon the record and pleadings and evidence on file before the Commission and considered at that time.

Harrell

District Court, E.D. Oklahoma · May 6, 2026

As such, the Assistant District Attorneys are entitled to absolute prosecutorial immunity. … Plaintiff is advised that, if he files an amended complaint, he must identify all defendants he intends to sue and the capacities in which he intends to sue them, and he must clearly identify the constitutional violations

U.C. Leasing, Inc. v. State Ex Rel. State Board of Public Affairs

737 P.2d 1191 · Supreme Court of Oklahoma · Jun 4, 1987

Where a person or entity enters into a valid contract with the proper State officials and a valid appropriation has been made therefor, the State has consented to be sued and has waived its governmental immunity to the extent … There were inferences of frequent breakdowns during the operation of the leased equipment, but there was no evidence that interruptions occurred due to a lack of fitness of the equipment, and the lease contract clearly places

Stovall v. Liberty Plan of America, Inc.

414 P.2d 242 · Supreme Court of Oklahoma · May 3, 1966

Council $50.00 for each name of a qualified (home-owning) prospective purchaser for a central cleaning system that she furnished Midwestern, if the prospect later purchased one of said systems. … It was established by Cooper’s testimony, and other evidence, both oral and documentary, that when defendants’ note and mortgage were delivered by Midwestern to plaintiff, the space provided on the mortgage form, for the

Glover Construction Co. v. Andrus

451 F. Supp. 1102 · District Court, E.D. Oklahoma · Mar 29, 1978

Defendants’ exhibits establish at best that the interpretation set forth in the 1976 bulletin may date back as far as 1961. … Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.

Spann v. State Ex Rel. McClain County Free Fair Ass'n

152 Okla. 60 · Supreme Court of Oklahoma · Sep 15, 1931

Clearly the Legislature recognized the right of the comm'is-'sioners. The mandamus did not. … Clearly the Legislature recognizes that the taxes should be levied by sworn officials anjd granted permission to the excise board so to do In a proper case.

Mahone v. Hartford Life & Accident Insurance Co.

561 P.2d 142 · Court of Civil Appeals of Oklahoma · Nov 13, 1976

The policy here at issue clearly insured all eligible employees, including the deceder t. … Mahone was clearly beyond sixty years of age on the date of her disability, there is simply no way in which the provisions of this policy can be fairly read to provide coverage.

Epley v. Moore

11 Okla. 335 · Supreme Court of Oklahoma · Sep 5, 1901

made known thereon; he shall commission all officers who shall be appointed to office under the laws ■of said territory, and shall take care that the laws be faithfully executed.” ' These sections, in our judgment fail to establish … Here, by express language, the legislature recognizes that probate judges are*to be elected and from this section *344 we clearly see the legislative intent regarding the different laws passed prior to the enactment of the

Phillips v. Brittian

District Court, W.D. Oklahoma · Jan 17, 2020

Clearly, Plaintiff cannot be said to have been outside the course of employment when sleeping in the trailer’s sleeper berth. … The Oklahoma Supreme Court has even addressed this immunity in the context of work-related car accidents. In Deffenbaugh v.

McDonald's Corp. v. Oklahoma Tax Commission

563 P.2d 635 · Supreme Court of Oklahoma · Apr 26, 1977

(Emphasis ours) The ultimate question in this appeal is whether, under the facts, Appellant qualifies as a manufacturer or processor under § 1305(p), supra. … City of Muskogee, 171 Okl. 635 , 44 P.2d 50 . *641 “Measured by this rule it clearly appears that appellant is not a manufacturer.

Leeper v. Thornton

344 P.2d 1101 · Supreme Court of Oklahoma · Sep 15, 1959

The witness plaintiff qualified as an expert was the above-mentioned highway patrolman, Bryce Wilde. The one called by the cross-petitioner was Mr. Ralph H. Snyder, a safety engineer. … collision, and, including as they did, changes that were made in the car afterward, might have confused, rather than enlightened, the jury, as to the force of the impact, its direction, etc.; whereas, Snyder’s testimony shows clearly

Kunc v. Harper-Turner Oil Company

297 P.2d 371 · Supreme Court of Oklahoma · Apr 3, 1956

In this case the evidence clearly shows reasonable notice. * * * tf The rule ,is well established that-where lessors seek the cancellation of a. lease on the, ground; that it has not been properly developed, the lessors must … Other qualified witnesses testified that the lessee had developed the lease in a prudent manner.

In Re MacKey

209 B.R. 251 · United States Bankruptcy Court, E.D. Oklahoma · Jun 4, 1997

The Court stated that it found no authority for the proposition that the property may not qualify for more than one statutory exemption. Id. … Truck driving is clearly a trade or profession. The 1987 Peterbilt Truck is reasonably necessary, convenient or suitable for his trade or profession.

Opinion No. (1997)

Oklahoma Attorney General Reports · Jan 14, 1998

In order for states to qualify for assistance in any fiscal year, a state "shall demonstrate to the Secretary that the . . . … However, the Act states clearly that the request for due process review is to be made to only one party, which may be designated by the state board of education.