Case law

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.

Atchison

District Court, N.D. Oklahoma · Jan 6, 2026

They argue “the issues of liability and damages are clearly separable” and that a lack of bifurcation “could be unfairly prejudicial 1 All citations use CM/ECF pagination. … Allio’s testimony will not help the jury “determine[e] whether the officers had probable cause or whether they are entitled to qual- ified immunity” as both are questions of law. Id. at 4.

Mowdy v. Ada Board of Education

440 F. Supp. 1184 · District Court, E.D. Oklahoma · Nov 23, 1977

She had a teaching certificate and was fully qualified to teach the course. … Nothing in this chapter shall excuse noncompliance with any statute or ordinance of a State or political subdivision thereof establishing greater or additional rights or protections than the rights and protections established

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.

Poteete v. MFA Mutual Insurance Company

527 P.2d 18 · Supreme Court of Oklahoma · Sep 17, 1974

After this insurance policy was issued, Poteetes made improvements on their property and were advised by the agent, that it was possible that the property would now qualify for a homeowner’s policy. … MFA next alleges that the Poteetes failed to produce sufficient evidence to establish the amount of damages sustained to their property.

McKissick v. Gemstar-TV Guide International, Inc.

415 F. Supp. 2d 1240 · District Court, N.D. Oklahoma · Aug 26, 2005

In that decision, the Court noted that the exchange of one security for another qualified as a purchase or sell under the rules. Id. at 1285. … Again, in paragraph 15, the Plaintiff clearly satisfies the time and place requirement when she avers that the Defendants “[a]t a subsequent ‘client event’ held in Aspen, Colorado on or about March 4, 2000, at a dinner where

Thompson v. Cendant Corp.

130 F. Supp. 2d 1255 · District Court, N.D. Oklahoma · Feb 5, 2001

To establish a prima facie case of discriminatory discharge under the ADA, the plaintiff must establish that she: 1) is disabled within the meaning of the ADA; 2) qualified, that is, she is still able to perform the essential … However, Thompson has not established the second element required for a prima facie case under the ADA, namely that she is a “qualified individual” with a disability because she is unable, even with reasonable accommodation

Stewart v. Turn Key Health Clinics LLC

District Court, W.D. Oklahoma · Aug 22, 2024

Instead, to establish Defendant Turn Key’s liability under § 1983, Plaintiff must establish three basic elements: (1) Defendant Turn Key had an official policy or custom; (2) that “was enacted or maintained … However, Plaintiff does not clearly allege that particular conduct performed by a particular untrained nurse violated Mr. Stewart’s Eighth Amendment rights.

Walker v. State

723 P.2d 273 · Court of Criminal Appeals of Oklahoma · Jul 22, 1986

Section 561 clearly states that the affiants must be residents of the county in which trial is pending. However, the State’s assertion about three of the other affidavits is incorrect. … The Court noted that this is correct, even assuming, arguendo, that “death-qualified” juries are somewhat more conviction prone than “non-death-qualified” juries. See also Foster v. State, 714 P.2d 1031 (Okl.Cr.1986).

Foudazi v. Blinken

District Court, W.D. Oklahoma · Apr 23, 2025

“A facial attack assumes the allegations in the complaint are true and argues that they fail to establish jurisdiction. … However, Reza has sufficiently alleged a concrete and particularized injury sufficient to establish standing at this stage of the litigation. See Trump v.

Newbern v. Farris

149 Okla. 74 · Supreme Court of Oklahoma · Apr 7, 1931

Courts of equity may adjust their decrees so- as to meet most, if not all, the exigencies which may arise; and they vary, qualify, restrain, and model the rem- *78 ecly so as to suit it to tlie mutual and adverse claims controlling … Collison, 73 Okla. 232 , 175 Pac. 762 , as follows: “A resulting trust may be established by parol evidence, but the law requires that the proof necessary to establish it should' be of the most satisfactory kind; the onus

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.

Titsworth v. State

2 Okla. Crim. 268 · Court of Criminal Appeals of Oklahoma · Apr 17, 1909

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law, nor … It is absolutely uniform in its operations throughout the state, and is clearly within the police power of the state.

Lang v. Erlanger Tubular Corp.

206 P.3d 589 · Supreme Court of Oklahoma · Mar 10, 2009

Second, "the date of last order" must be established to mark the beginning of the limitation period. … Third, the date of the application to reopen the claim establishes whether it has been filed beyond the limitation period.

Moore v. State

58 Okla. Crim. 122 · Court of Criminal Appeals of Oklahoma · Oct 25, 1935

I have received no promise of immunity or assistance of any kind from the banking department in consideration of my testifying in this case, although I was charged with a like offense in the district court of Oklahoma county … It is clearly shown by the record that the testimony of Earl Buttrill is fully corroborated as to facts sufficient to connect the defendant with the crime.

Huffaker v. Town of Fairfax

115 Okla. 73 · Supreme Court of Oklahoma · Nov 24, 1925

of the meeting of the trustees of the town of Fairfax on October 11, 1915, showing the passing and approving of a resolution directing the president to issue a proclamation calling an election to be held to submit to the qualified … The question of the jurisdiction of the Corporation Commission over public utilities with power to fix and establish rates and to prescribe rules, requirements, and regulations affecting their services, operation, and the

State Ex Rel. Hawkins v. Oklahoma Tax Commission

462 P.2d 536 · Supreme Court of Oklahoma · Jul 29, 1969

1 et seq. of *544 our State Constitution, together with 56 O.S.1961 § 178, the implementing legislation, it is reasonable to conclude that the State Assistance Fund is a trust fund, in the nature of a charitable trust, established … and maintained by the State of Oklahoma for the purpose of relief for unidentified individuals who qualify as members of the broad, general classes of the public described in Section 1 of Article 25, supra.

Frantz v. Autry

18 Okla. 561 · Supreme Court of Oklahoma · Jun 25, 1907

In our opinion, this contention is clearly untenable, and cannot be sustained by the authorities. In a territory the source of all power is congress. … Clearly, such is not the office, functions, and powers of the constitutional convention.

City of Muskogee v. Martin

61 O.B.A.J. 1928 · Supreme Court of Oklahoma · Jul 17, 1990

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor … A close reading of Marrs reveals Haworth’s reliance on the case was improper and Marrs is clearly distinguishable from the facts in the case at hand.

Dowell v. BD. OF EDUC. OF OKLAHOMA CITY PUB. SCH.

778 F. Supp. 1144 · District Court, W.D. Oklahoma · Nov 7, 1991

schools as stand-alones could not have been the basis for adoption of the SRP. 64 But the establishment of stand-alone schools when certain qualifying criteria were met was clearly part of the Finger Plan. … The court finds this evidence clearly establishes increased community involvement as a goal of the SRP. 74 3.