Case law

Elder v. United States

District Court, W.D. Oklahoma · Oct 7, 2021

The FTCA provides a waiver of sovereign immunity, but that waiver is narrowly and strictly construed. … Examination of the administrative claim filed by Plaintiff establishes that he made no mention of a June 13 claim in that document.

Mize v. Liberty Mutual Insurance

393 F. Supp. 2d 1223 · District Court, W.D. Oklahoma · Jun 29, 2005

First, they argue that Mize fails (in his Amended Complaint) to allege facts sufficient to establish LMIC’s liability for negligence. … Section § 230.30, however, is clearly an act of the Oklahoma Legislature that, like § 230.24, establishes the powers and duties of the Corporation Commission. See Okla.

Murphy v. Estle

75 Okla. 75 · Supreme Court of Oklahoma · Jun 17, 1919

The instruction is clearly erroneous. … Laws 1910, is as follows: “Qualified indorsement constitutes the in-dorser a mere assignor of the title to the instrument.

Vails v. Southwestern Bell Telephone Co.

504 F. Supp. 740 · District Court, W.D. Oklahoma · May 12, 1980

The above cited cases held essentially that a telephone company could limit its liability for negligent omissions or errors in directory advertising so long as it does not seek immunity from gross negligence or wilful misconduct … Therefore, as Defendant is apparently under no legal duty to make such a disclosure of the individual terms, and as the location of the terms and conditions of the contract was clearly pointed out to Plaintiff if he desired

State Ex Rel. Department of Highways v. Ray I. Jones Service Co.

475 P.2d 139 · Supreme Court of Oklahoma · Oct 5, 1970

The center clearance afforded by the bridge was clearly marked prior to entry into the bridge to apprise defendant’s driver of the hazard. … Rather, the evidence should be directed to the total cost of repairing the bridge by one deemed to be a qualified and responsible bidder as required by the applicable statute.

Dodson v. State

562 P.2d 916 · Court of Criminal Appeals of Oklahoma · Apr 6, 1977

Will you tell this Court and jury have you ever had an occasion to be qualified as an expert in firearms identification in the past in other courts? “A. Yes sir. … To the contrary, the record clearly reflects that the conduct of the prosecuting attorneys were well within the guidelines set out by the American Bar Association and approved by this Court in Dupree v.

Palmer Oil Corp. v. Phillips Petroleum Co.

204 Okla. 543 · Supreme Court of Oklahoma · Mar 20, 1951

In the first place, the powers so granted can neither establish nor disestablish the unitization when established because the power of establishment rests with the Corporation Commission. … The effect of prefixing the word “reasonably” to the words “been defined” necessarily qualifies the import of absoluteness which would obtain without it.

State Ex Rel. Owen v. Carter

77 Okla. 28 · Supreme Court of Oklahoma · Dec 19, 1919

Owen was elected Justice of the Supreme Court' of Oklahoma at the general election of 1918 for a term of four years, and on the second Monday in January, 1919, he qualified as such Justice, and entered upon the duties of … The court, in order to arrive at a conclusion as to whether the Act of 1919 is viola-tive of the provisions of the Constitution of Oklahoma relative to changes in the salaries of an officer, must take into mind established

Estate of Hicks Ex Rel. Summers v. Urban East, Inc.

75 O.B.A.J. 1484 · Supreme Court of Oklahoma · May 25, 2004

"Liability to residents-Injunctive and declaratory relief-Damages-Waiver of rights-Jury trial-Retaliation against residents-Immunity-Report of abuse or neglect." A. … This section clearly reflects the intent of the legislature that the Nursing Home Care Act was not intended to be a resident's exclusive remedy. 1183 In Rogers v.

AU Pharmaceuticals, Inc. v. Whitner (In Re Whitner)

179 B.R. 699 · United States Bankruptcy Court, E.D. Oklahoma · Mar 27, 1995

Further, the Grogan court pronounced that the creditor need only prove by a preponderance of the evidence that the debt qualifies for the exception to discharge. … In doing so, the bankruptcy court found that the state court findings established a “willful and malicious” injury. Id.

Colorado Interstate Gas Co. v. Oklahoma, Ex Rel. Commissioners of the Land Office

760 F. Supp. 1466 · District Court, W.D. Oklahoma · Mar 12, 1991

Moreover, the Act clearly expresses the policy to avoid piecemeal litigation. Id. … This is perhaps most clearly illustrated by the language of plaintiffs’ complaint.

Opinion No. 80-224 (1980) Ag

Oklahoma Attorney General Reports · Oct 22, 1980

When these teachers enter into new contracts they will already have qualified under the previously enacted minimum salary schedule as a teacher with another year's experience. … However, Section 1 clearly states that no funds appropriated for salary increases shall be used to fund local increments.

Merritt v. Merritt

73 P.3d 878 · Supreme Court of Oklahoma · Jul 1, 2003

Thielenhaus, 1995 OK 5 , 890 P.2d 925, 934-935 , reiterated the rule, established by 43 O.S.2001, § 110(C), that either spouse may be required to pay the reasonable expenses of the other in the prosecution or defense of the … Attorney fees are granted only to that litigant who qualifies for the benefit through the process of a judicial balancing of the equities.

Whiteker v. Whiteker

332 P.2d 953 · Supreme Court of Oklahoma · Dec 2, 1958

Loeffler one qualifying share. After the purchase of the second store in Tulsa, the defendant spent most of his time there and about January or February, 1957, the parties ceased living together as man and wife. … The defendant testified that the equipment in the re-established Bristow store had been previously used in one of the stores in Tulsa and that the value of such equipment was about $100. .Prior to the destruction of the original

Bane v. Anderson, Bryant & Co.

786 P.2d 1230 · Supreme Court of Oklahoma · Nov 2, 1989

Clearly, the trial court correctly maintained Bryant as a defendant. … Only after the 60 day grace period elapsed was Bane apprised that Anderson, Bryant & Co. was not qualified to maintain Keogh accounts.

I. T. K. v. MOUNDS PUBLIC SCHOOLS

2019 OK 59 · Supreme Court of Oklahoma · Sep 24, 2019

United States , 917 F.3d 1170, n. 4, 1179 (10th Cir. 2019) (a clearly erroneous standard is used to review a finding of fact made without a jury and a finding of fact which is clearly erroneous is an abuse of discretion), … the abuse of discretion and clearly erroneous standards are not identical, one point of similarity in the present context is that Anderson , supra , explained the clearly erroneous appellate standard may not be used to weigh

In Re Initiative Petitions Nos. 112, 114, 117, 118

153 Okla. 205 · Supreme Court of Oklahoma · Dec 16, 1931

These requirements are clearly jurisdictional, and the Secretary of State is without power to act in the absence of a substantial compliance with these requirements of the statute. … that the right to trial by jury shall remain inviolate, that no person shall be deprived of life, liberty, or property without due process of law. that no law shall grant to any citizen or class of citizens privileges or immunities

GLOVER CONSTRUCTION CO., INC. v. STATE ex rel. DEPT. OF TRANSPORTATION

326 P.3d 547 · Court of Civil Appeals of Oklahoma · Feb 14, 2014

Without explanation of its reason(s), the trial court denied GCC's motion for new trial. {18 Clearly the trial court had authority under Rule 13(f) of the Rules of the District Courts of Oklahoma, 12 O.S. … If the Doctrine applies to States, which we do not decide, it only "operates to insulate the government from liability for certain inabilities to perform contractual obligations," which immunity is afforded only if its performance

Morris v. OKLAHOMA DEPT. OF HUMAN SERVICES

758 F. Supp. 2d 1212 · District Court, W.D. Oklahoma · Sep 24, 2010

Morris's assets equaled $107,812, excluding exempt property under the Social Security Act. ( Id. ) DHS determined that in order to qualify for Medicaid, Mrs. … Owens, 464 F.3d 1139, 1143 (10th Cir.2006) ("[T]he district court did not clearly decide whether this portion of the [Medicaid] statute creates a federal right enforceable under § 1983, but the parties have not disputed the

Lander v. Hornbeck

74 Okla. 239 · Supreme Court of Oklahoma · Apr 2, 1918

The plaintiffs in error are the duly qualified executors of the estate of one Randall, deceased, and at the' time of the injury complained of here they had in their possession and under their control the real estate mentioned … And the evidence further establishes that little attention was Paid to the elevator and its operation by any one after the day operator left it, but it was operated by any one who desired to use it. Mrs.