Case law

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

Bowen v. Hamilton

393 P.2d 858 · Supreme Court of Oklahoma · May 27, 1964

After a careful consideration of the evidence in this case, we cannot say that the judgment of the trial court is clearly against the weight thereof. … We do not believe that such relationship is established. In defining a confidential relation, this Court held in Hamburg v.

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.

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.

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.

United States F. & G. Co. v. State Ex Rel. Shull

169 Okla. 59 · Supreme Court of Oklahoma · Sep 18, 1934

The evidence does not clearly indicate that the cause of the deficit was then made known to them. … upon the question under consideration and held: “ ‘The general rule of pleading is that defenses which assume or admit the original cause of action alleged, but are based upon subsequent facts or transactions which go to qualify

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

Graham v. Keuchel

64 O.B.A.J. 420 · Supreme Court of Oklahoma · Jan 26, 1993

A new trial is clearly the parents’ due. E. … The drug Rho-GAM, a hyperimmune globulin, suppresses the immune response which Rh-negative mothers may develop to the Rh positive blood cells of their child. .

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

Payne v. Independent School District I-001 of Jackson County

District Court, W.D. Oklahoma · May 16, 2024

Alternatively, Hagen contends the claim against him should be dismissed because he is entitled to qualified immunity. … immunity.

Mid-Co Gasoline Co. v. Back

95 Okla. 29 · Supreme Court of Oklahoma · Jul 31, 1923

“By the Court: The rule in our state is well established as to the measure of damages. You should know just what you are going to rely on so they will know how to prepare for the defense. … Smith, 41 Okla. 498 . 139 Pac. 285 , this court in construing a purported admission in a pleading used the following language: “An admission in a pleading, to be available, must be taken with all the qualifying-clauses and

Opinion No. 78-207 (1978) Ag

Oklahoma Attorney General Reports · Aug 31, 1978

Thus, the Legislature clearly intended to prohibit full-time faculty members, who are not engaged in the active practice of medicine, from service on the Board of Medical Examiners. … It is equally clear that the Legislature never sought to prohibit the majority of legal and active practitioners of medicine and surgery from being qualified to serve on said Board although they nominally served as faculty

Horn v. State

13 Okla. Crim. 354 · Court of Criminal Appeals of Oklahoma · May 5, 1917

In rebuttal, the state introduced witnesses on each propo- ' sition, the testimony of whom tended to establish the fact that Christie was a peaceable, law-abiding man, and that the plaintiff in' error was an overbearing, … Intelligent men take newspaper accounts as current news, liable to qualification, explanation, or contradiction, and, when qualified, explained, or contradicted, they change their opinions or belief accordingly as a matter

SUBURBAN REALTY CO. v. CANTLEY

495 P.3d 1205 · Court of Civil Appeals of Oklahoma · May 27, 2021

The Court has qualified this ruling, however. … The all-inclusive language in paragraph D.1. is clearly a mistake as our analysis concludes.

Roth v. Union Nat. Bank of Bartlesville

58 Okla. 604 · Supreme Court of Oklahoma · Oct 10, 1916

“Where the records of the county court disclose that letters of guardianship were issued and duly recorded, that the guardian gave bond, duly qualified, and entered upon the discharge of his duties as such, as required by … Such is their effect between the parties to the suit, and such are the immunities which the law affords to a plaintiff who has obtained an erroneous judgment or execution.

VANGUARD BUILDERS, INC. v. GRANITE RE, INC.

348 P.3d 1093 · Court of Civil Appeals of Oklahoma · Nov 25, 2014

Fidelity & Guaranty Co ., 1970 OK 121 , 471 P.2d 883 , and appeared to reaffirm that a claim of immunity from recovery pursuant to the limitation period was subject to claims of waiver and estoppel. … Vanguard's right to payment or any amount due is not yet established, nor is LWCC's exact status as the main contractor.

Ipock v. Manor Care of Tulsa Ok, LLC

274 F. Supp. 3d 1249 · District Court, N.D. Oklahoma · Apr 4, 2017

.' the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the determination of the expert- that, based upon a review of the available material including; but … The law requires that plaintiff consult with a qualified expert only in cases where the testimony of an expert witness would be required to establish a “breach of the relevant standard of care,” Okla. Stat. tit.

John C. Winston Co. v. Vaughan

11 F. Supp. 954 · District Court, W.D. Oklahoma · Aug 27, 1935

The defendant is a resident of the state of Oklahoma, and is the duly elected, qualified, and acting State Superintendent of Public Instruction of the State of Oklahoma, and is ex officio Secretary of the Oklahoma Textbook … Each bid shall state specifically and clearly the retail price at which each book will be furnished and shall be accompanied by sample copies of each and all books offered in said bid.”

CATHEY v. BD. OF COUNTY COMMISSIONERS FOR McCURTAIN COUNTY

550 P.3d 910 · Supreme Court of Oklahoma · Jun 11, 2024

In Walker , Logan County held a special election to establish a fire protection district. … All persons resident of such proposed district, who are qualified electors in their respective precincts, shall be qualified to vote on such proposition. 35 The Fire Protection Act, 19 O.S. 1981 §901.1 et seq . did not have

Phillips Petroleum Co. v. Widick

175 Okla. 376 · Supreme Court of Oklahoma · Oct 8, 1935

The defendant further alleges in his answer that the letter is ambiguous and does not clearly express the agreement of the parties. … The letter states the note is to be liquidated by the deduction of $125 per month from the defendant’s commission check, and the language used, in the absence of qualifying terms, implies that the entire debt was to have