Case law

Goodner v. State

546 P.2d 653 · Court of Criminal Appeals of Oklahoma · Feb 3, 1976

We are of the opinion that when the defendant testified 4 this testimony was more than ample as a judicial confession to establish that he possessed the marijuana with the intent to distribute. … sundry occasions, we will now consider defendant’s assignment of error that Detective Hendrix’s testimony identi *658 fying the substance seized as marijuana, constituted error since the detective had not been properly qualified

Cline v. Clinical Perfusion Systems, Inc.

District Court, N.D. Oklahoma · Oct 28, 2022

Generally, to establish a prima facie case of age discrimination, a plaintiff must show: (1) that he is within the protected age group; (2) that he suffered an adverse employment action; (3) that he was qualified for the … [Plaintiff] is clearly seeking to recover for future, unearned income.

Unit Petroleum Co. v. Nuex Corp.

807 P.2d 251 · Supreme Court of Oklahoma · Mar 20, 1991

The rule then goes on to establish that the signing is a certification that the attorney has read the document and that the document is well grounded in fact and in law and is not interposed for an improper purpose. … It provides that "the Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State."

Chicago, R. I. & P. Ry. Co. v. Groves

20 Okla. 101 · Supreme Court of Oklahoma · Jan 21, 1908

“Where the evidence on the trial establishes the fact so clearly .and indisputably that the court may instruct the jury to bring in a particular verdict, but neglects to do so, and is not requested so to do, and the jury … However, in England and in many of the states, though the cases are often difficult to reconcile, the right under the common-law doctrine has been qualified. Nininger v. Norwood, 72 Ala. 281 , 47 Am.

Dickerson v. Incorporated Town of Eldorado

64 Okla. 142 · Supreme Court of Oklahoma · Mar 13, 1917

It seems that the duly qualified electors of the incorporated town of Eldorado, a municipal corporation, at an election duly called and held, authorized the board of trustees of said town to issue municipal bonds in the sum … No damages can be recovered for a breach of contract, which are not clearly ascertainable in both their nature -and origin.”

Stiner v. Califano

438 F. Supp. 796 · District Court, W.D. Oklahoma · Sep 26, 1977

implementation of the statute and regulation would be in violation of the Due Process Clauses of the Fifth and Fourteenth Amendments, a denial of the equal protection of the law, and an abridgement of their privileges and immunities … Accordingly, we must hold that grounds for invalidating the statute and regulation have not been established and that the relief the plaintiffs seek must be denied and the action dismissed. 1 . 42 U.S.C. § 1397a(a)(9)(A),

The Institute For Responsible Alcohol Policy v. State ex rel. Alcohol Beverage Laws Enforcement Comm.

2020 OK 5 · Supreme Court of Oklahoma · Jan 22, 2020

"In assessing the conformity of a challenged state statute to our fundamental law, we are guided by well-established principles. The Constitution is the bulwark to which all statutes must yield." Liddell v. … Const. art 5 §51 provides: The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. 18 The Okla.

Way v. Grand Lake Ass'n, Inc.

635 P.2d 1010 · Supreme Court of Oklahoma · Jun 9, 1981

parties 11 by holding 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 … Both Veterans and Vette are clearly factually distinguishable from the case at bar.

Choctaw County v. Bateman

208 Okla. 16 · Supreme Court of Oklahoma · Nov 5, 1952

It is not a technical legal term with a clearly defined meaning and is used in more senses than one. … Therein the court stated: “It is our view that the testimony of the injured workman sufficiently established the cause of the hernia.” See, also, in this connection, Nu-Way Laundry & Cleaners v.

Logan v. Andrus

457 F. Supp. 1318 · District Court, N.D. Oklahoma · Oct 5, 1978

establish such an intent, the Court may not supply one by judicial interpretation.” … The terms of the trust in issue here were established in Section 4 of the Osage Allotment Act.

Oklahoma State of v. United States Department of the 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.

Warren v. Century Bankcorporation, Inc.

741 P.2d 846 · Supreme Court of Oklahoma · Feb 4, 1987

Its finding is not clearly contrary to the weight of the evidence in the record. … El Paso Natural Gas Company, 246 A.2d 789 [Del.Ch.1967], which involved the filing of consolidated tax returns by a parent and a controlled subsidiary qualified so to do under the Internal Revenue Code.

Neal v. Sheriff of Canadian County

District Court, W.D. Oklahoma · Feb 20, 2025

Womack and did not report his chest pain to a physician or other more qualified medical professional. … under the OGTCA, concluding that the immunity determination is premature at the motion to dismiss stage.

City of Oklahoma City v. Oklahoma Tax Commission

789 P.2d 1287 · Supreme Court of Oklahoma · May 1, 1990

The very statute that authorized cities to levy sales tax also established the timetable for State remittance of City revenue. … The state may no longer be regarded as absolutely protected by sovereign immunity from counsel-fee liability for vexatious or bad-faith litigation conduct of its lawyers or functionaries. See State ex rel. Poulos v.

Bridges, II v. Louthan

District Court, E.D. Oklahoma · Aug 4, 2023

immunity.1 Dkt. … immunity.

Prather

District Court, W.D. Oklahoma · Sep 2, 2026

Qualified immunity Defendant Sebzda also asserts he is entitled to qualified immunity. Doc. 18 at 11- 12. … Because Plaintiff fails to plausibly allege a constitutional violation and thus fails to state a claim upon which relief may be granted, it is unnecessary to address Defendant Sebzda’s argument regarding qualified immunity

Howard v. ACI DISTRIBUTION SOUTH

229 P.3d 565 · Court of Civil Appeals of Oklahoma · Nov 12, 2009

First, is the witness "qualified as an expert by knowledge, skill, experience, training or education." 12 0.8.2001 § 2702. … For example, lie detector evidence from an expert test administrator although clearly probative of facts in issue is nonetheless inadmissible because the reliability of the test has not been scientifically established.

Clark v. Duncanson

79 Okla. 180 · Supreme Court of Oklahoma · Sep 7, 1920

that the cross-petition is, in effect, the commencement of a new suit, and not having been commenced within one year from the registration of the tax deed, it is barred although set up as a defense to plaintiff’s action to establish … survived, the equitable defenses thereto also survived, and that although the defendant’s cause of action on account of fraud was barred by the statute of limitations, the relator’s judgment did not become by age alone immune

Schmidt v. United States

912 P.2d 871 · Supreme Court of Oklahoma · Feb 27, 1996

We answer the second with a qualifying affirmative by noting that it applies if the certifying court finds that three preconditions to the clause’s enforcement are met: (1) the exculpatory clause’s language clearly, definitely … Express consent, which might also be called “waiver” or "release”, will usually bar recovery by the plaintiff unless there is a statute or established public policy against it. Murray, supra at 1129 .

In Re Travis' Estate

186 Okla. 223 · Supreme Court of Oklahoma · Nov 28, 1939

It has been referred to as only a “quasi-judgment,” or “qualified judgment.” Bancroft, Probate Practice, § 852. Up to this point the heirs or other interested parties have no opportunity to contest the claim. … This court has held, and we take it to be firmly established, that where a claim is disallowed in the first instance, either by the administrator or county judge, the remedy is not by appeal, but the sole remedy is an independent