Case law

Bridges, II v. Louthan

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

immunity.1 Dkt. … immunity.

United States v. Roberts

904 F. Supp. 1262 · District Court, E.D. Oklahoma · Sep 29, 1995

The tribal complex property on which the alleged criminal acts took place is clearly tribal trust property. … These actions clearly establish compliance with existing policies and procedures and, more importantly, they provide concrete evidence of the active involvement of the federal government in designating the tribal complex

KEEVER v. BIG LOTS STORES, INC.

2015 OK CIV APP 91 · Court of Civil Appeals of Oklahoma · Sep 30, 2015

also alleged Big Lots acted in reckless disregard of her rights and with full knowledge of the severe adverse consequences of its actions upon her and requested punitive damages in excess of $75,000.00. ¶7 Big Lots filed a qualified … Trinidad's September 10, 2009 medical report, Bishop clearly supports consideration by the trial court of all medical evidence relevant to the § 5(C) defense that the employee is physically unable to perform assigned duties

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

Southern Pacific Communications Co. v. Corporation Commission

586 P.2d 327 · Supreme Court of Oklahoma · Nov 3, 1978

The FCC found the facilities were part of a dedicated interstate private line network, clearly identifiable as *333 carrying communications of only the customer. … Private line service provides the user an exclusive channel for continuous communications between two or more places without the necessity of establishing a new connection for each message.

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.”

Fireman's Fund Insurance Company v. Overton

491 P.2d 278 · Supreme Court of Oklahoma · Sep 14, 1971

Overton, as a qualified football referee, upon request from a principal of a highschool in the Oklahoma City School System (District No. 89), would referee highschool football games. … the Board of Education of District) at any time during the year in any of District’s special program(s), the compensation to be paid to Teacher for such additional services will be at the rate set forth in the salary plan established

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.

Williams v. State

542 P.2d 554 · Court of Criminal Appeals of Oklahoma · Sep 17, 1975

Clearly, the examination of Mr. … Nothing in this opinion shall be construed as precluding the State from granting the defendants in any case, capital or otherwise, immunity from prosecution, so long as the immunity granted conforms to the Constitution and

Wines v. State

7 Okla. Crim. 450 · Court of Criminal Appeals of Oklahoma · Jun 1, 1912

That the defendant did not have a preliminary examination before an examining magistrate, or did not waive such preliminary examination, is a fact to be established by the defendant oni a plea in abatement or on a motion … Under the evidence in this case this was clearly error.

Murchison v. Progressive Northern Insurance

564 F. Supp. 2d 1311 · District Court, E.D. Oklahoma · Jul 3, 2008

Plaintiff argues that her response to Defendant’s request for admission did not qualify as an “other paper” because she did not give Defendant “an unequivocally clear and certain” answer that the amount in controversy exceeds … Clearly, Defendant’s request for admission was carefully worded in order to corner Plaintiff into either limiting herself to an award of $75,000.00 or less in state court or subjecting herself to federal jurisdiction.

Palmer v. Stokely

255 F. Supp. 674 · District Court, W.D. Oklahoma · Jun 24, 1966

Stokely, his wife, except for two qualifying shares in her parents name. Stokely executed this assignment agreement for both himself and Stokely Investment. … The evidence shows that each of these allegations was clearly established by the evidence of the plaintiff.

Baldwin v. STATE EX REL. DPS

849 P.2d 400 · Supreme Court of Oklahoma · Mar 30, 1993

Despite the claims of the appellant to the contrary, the appellant has established by its own admission that the appellant does not clearly apply a certain construction *403 to determine what acts of a motorist constitute … Comparing the rule in Standish to the facts in Schroeder , the two cases are clearly consistent.

Gore v. State

25 Okla. Crim. 214 · Court of Criminal Appeals of Oklahoma · Sep 8, 1923

The mere fact that an information in one count describes more than one criminal act does not make it defective, provided it clearly appears that the accused is charged with the commission .of but one crime, and where the … Every person accused of crime must be accorded every constitutional right; but one accused of crime is not clothed with any sacred or unusual rights, except that he may claim immunity from any and all practices that have

Quinn v. City of Tulsa

777 P.2d 1331 · Supreme Court of Oklahoma · Jul 18, 1989

That case, and its rule, seem to relate most clearly to the issue now before us. … Appellant’s objection and arguments in this regard are clearly controlled by the rule of City of Sallisaw, supra. IV.

ROUSE v. OKLAHOMA MERIT PROTECTION COMMISSION

2015 OK 7 · Supreme Court of Oklahoma · Feb 17, 2015

The notice did not limit water condition only to a pH level, so Rouse's assumptions were clearly misplaced. … Each appointing authority shall establish written policies and procedures for progressive discipline of employees according to the rules established by the Oklahoma Merit Protection Commission. B.

Chicago, R. I. & P. R. Co. v. Larmon

172 Okla. 461 · Supreme Court of Oklahoma · Feb 26, 1935

The foregoing is substantially all the evidence that was introduced to establish defendant’s negligence. … Lynn, 62 Okla. 17 , 161 P. 1058 , the evidence clearly established that there was an extraordinary jar or jolt of the caboose of a freight train in which plaintiff was riding, which was caused by the sudden stopping of the

Oltman Homes, Inc. v. Mirkes

190 P.3d 1182 · Court of Civil Appeals of Oklahoma · May 23, 2008

Once the legal right to a fee is established, the amount awarded, if any, is discretionary with the trial court,. … Clearly, the jury awarded more than the evidence supports.

Chickasaw Nation v. CVS Caremark, LLC

District Court, E.D. Oklahoma · Sep 30, 2022

First, it contended that the arbitration provision in Caremark’s Provider Manual did not bind the Nation “because it never clearly and unequivocally waived its tribal sovereign immunity.”9 Second, the … Therefore, like the Ninth Circuit, “we reject the Nation’s argument that, because it did not clearly and unequivocally waive its tribal immunity, it cannot have 25 The Nation also contends that the arbitration provision

McInturff v. State

554 P.2d 837 · Court of Criminal Appeals of Oklahoma · Sep 17, 1976

After about three weeks, he was no longer searched since his character as a qualified agent was established. … The defendant asserts that the language in this instruction, in regard to the issue of entrapment, does not clearly place the burden upon the State.