Case law

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

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.

Rogers v. Oklahoma Tax Commission

466 P.2d 650 · Supreme Court of Oklahoma · Jan 20, 1970

The same year, these taxpayers reinvested $529,993.93 of this sum in certain urban, commercial properties in Oklahoma City and Norman, which included structures suitable for various retail and wholesale business establishments … We have thoroughly examined all of the evidence introduced before the Commission, and, although not attempting to describe it all in this opinion, we think it clearly shows that the original, or farm, property, was purchased

Waters-Pierce Oil Co. v. Deselms

18 Okla. 107 · Supreme Court of Oklahoma · Feb 13, 1907

In so judging this case it is not necessary that the probative facts established should be such as to amount to a mathematical certainty of the existence of the fact sought to be established, or that by reason of the facts … Holter, to show the customary uses to which the people in general put coal oil, and for the purpose of qualifying him to give such testimony, he was asked: “State whether or not you have had occasion to learn or observe frequently

Simon v. Ford Motor Co.

165 F.R.D. 650 · District Court, N.D. Oklahoma · Nov 22, 1995

Clearly, Magistrate Wolfe was attempting to ascertain the amount of work and expense involved in the preparation of a privilege log. … Instead, the parties reached an agreement and stipulation with regard to an alternative procedure for contesting the claims of privilege and work product immunity.

Kline v. STATE, EX REL. WATER RES. BD.

759 P.2d 210 · Supreme Court of Oklahoma · Feb 25, 1988

The Board's order established the maximum annual yield of fresh ground water from the alluvium and terrace deposits of the Beaver-North Canadian River in five counties in northwestern Oklahoma. … The Board clearly met its burden of proof by substantial evidence.

DAVISON v. STATE

2023 OK CR 11 · Court of Criminal Appeals of Oklahoma · Jun 1, 2023

We will simply endeavor to review Petitioner's claims according to this Court's rules, the statutory requirements governing post-conviction review, and clearly established federal law as set forth above. ¶20 According to … It is the only claim on appeal that is not based on an objection at trial, or which qualifies for review under the plain error doctrine.

In Re Street's Estate

138 Okla. 115 · Supreme Court of Oklahoma · Sep 10, 1929

Street, deceased, and Allen Street and the American National Bank of Oklahoma City were appointed administrators and executors of said estate and duly qualified as such. … Street, deceased, dated December 3, 1920, duly proved and admitted to probate by the county court of Oklahoma county March 2, 1925, be and the same is hereby established as the last will and testament *Page 116 of J. G.

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.

DAVISON v. STATE

531 P.3d 649 · Court of Criminal Appeals of Oklahoma · Jun 1, 2023

We will simply endeavor to review Petitioner's claims according to this Court's rules, the statutory requirements governing post-conviction review, and clearly established federal law as set forth above. ¶20 According to … It is the only claim on appeal that is not based on an objection at trial, or which qualifies for review under the plain error doctrine.

Voda v. Cordis Corp.

506 F. Supp. 2d 868 · District Court, W.D. Oklahoma · Mar 27, 2007

Trotta is a well-qualified engineer, he is not qualified to issue opinions regarding the method of using guiding catheters in the human body. Order at 6 (W.D.Okla. May 1, 2006) (Doc. No. 278). … Defendant has failed to establish that ‘“the verdict is clearly, decidedly or overwhelmingly against the weight of the evidence.’ ” Hampton, 247 F.3d at 1110 . % # Cordis’ Motion for a New Trial (Doc.

Swift v. Service Chemical, Inc.

310 P.3d 1127 · Court of Civil Appeals of Oklahoma · Sep 10, 2013

that SCI does not sell or distribute any chemical products that qualify as an "explosive" as defined by the federal Bureau of Alcohol, Tobacco and Firearms (ATF), even if SCI's customer uses the chemicals to make explosives … Scarecrow kit in order to assure an explosion, to include a warning specifying how far away to stand and what to anticipate-and to further assure that the product as sold fell outside the regulatory power of ATF-indicates clearly

Opinion No. 69-310 (1969) Ag

Oklahoma Attorney General Reports · Nov 26, 1969

This is especially proper in Oklahoma because our constitution requires that the purpose of an act be clearly expressed in its title." … that the amendment to Section 19 O.S. 866 .2 [ 19-866.2 ] only granted additional powers to those counties (1) which are qualified to avail themselves of the provisions of the Metropolitan Area Planning Commission Act (See

Scott v. Vulcan Iron Works Co.

31 Okla. 334 · Supreme Court of Oklahoma · Jul 11, 1911

Nor does the affidavit contain a prayer for judgment; but, upon the facts stated, it is clearly apparent to what judgment plaintiff would be entitled upon the establishment of such facts by competent evidence, and the omission … Objection was made to the introduction of this evidence upon the ground that the witnesses were not required to qualify themselves as to their knowledge of the usable value of the machines in the locality where this machine

Ingle ex rel. Estate of Ingle v. Metropolitan Life Insurance

947 F. Supp. 2d 1163 · District Court, N.D. Oklahoma · May 23, 2013

Standard of Review As an initial matter, the Court must establish the proper standard of review for plaintiffs ERISA claim. … Of the two policy exclusions at issue, this exclusion is the most clearly applicable and is sufficient standing alone to dictate the outcome.

Federal Power Commission v. Corporation Commission

362 F. Supp. 522 · District Court, W.D. Oklahoma · Jun 26, 1973

IMMUNITY TO SUIT OF DEFEND- . … Morton, CA 10, 1971, 455 F.2d 650 , but the ease is clearly distinguishable.

Opinion No. (1988)

Oklahoma Attorney General Reports · Nov 7, 1988

The Authority, in this regard, is required to clearly indicate on the face of whatever documentation it issues evidencing the transfer of credits both the face amount of the credits thereby transferred and the taxable year … That section provides that the Board shall establish criteria for the selection of persons, firms or corporations deemed qualified to generate capital for investment in the State in ways intended to diversify and stabilize

Porter v. Comstock ex rel. Department of Human Services

298 P.3d 1203 · Court of Civil Appeals of Oklahoma · Feb 15, 2013

In the Guidelines the commentary to section 1915 of ICWA states: “The Act clearly recognizes the role of the child’s extended family in helping to raise children. … by testimony of a qualified expert witness; (iii) The unavailability of suitable families for placement.”

Opinion No. (1979)

Oklahoma Attorney General Reports · Sep 19, 1979

2 If so, where such fund is created by the State for the purpose of permitting it to make disbursements of monies to individuals qualifying as eligible candidates and to associations qualifying as eligible political parties … They are composed of individual electors qualifying as "eligible candidates", and voluntary associations of electors qualifying as "eligible political parties".