Case law

Thrasher v. Board of Governors

359 P.2d 717 · Supreme Court of Oklahoma · Feb 16, 1961

Those questions are clearly and definitely established by our fundamental law to a certainty as functions of the 'legislative department of government. … The function of the court is clearly limited to the determination of the validity .or invalidity of the Act.' There is a presumption that the Act is constitutional.”

Tatum v. Tatum

736 P.2d 506 · Supreme Court of Oklahoma · May 11, 1982

They rented property together, established joint charge accounts, bought insurance policies on each other’s life and incurred loans as co-obligors. … Both the character and the amount of benefits allowed Florine and Shy clearly reflect that the award was bottomed on the 1977 revisions.

Hamilton Twp. v. Underwood

81 Okla. 256 · Supreme Court of Oklahoma · May 10, 1921

purchase and buy, and that it did purchase and buy, for the use of said township, of and from the defendant Wylie Manufacturing Company, a corporation, the said defendant, Hamilton township, by and through its duly elected, qualified … establish by competent evidence that at the time the debt was created, for which said warrants were issued, the governing body of the municipality violated the provision of the Constitution or section of the statute relied

Rosson v. Coburn

65 O.B.A.J. 1987 · Court of Civil Appeals of Oklahoma · Feb 15, 1994

This evidence, taken in the light most favorable to Rosson, was sufficient to establish a cause of action for medical malpractice. … The Medicaid Act is an administrative scheme providing medical assistance benefits to qualified recipients through states, implying no private right of action. Chalfin v.

In Re Vance

120 B.R. 181 · United States Bankruptcy Court, N.D. Oklahoma · Oct 4, 1990

The “first” meeting originally provided an occasion for creditors to meet together, establish their claims, and elect a Trustee to administer a debtor’s estate in bankruptcy, 3 Collier on Bankruptcy (14th ed. 1977) ¶ 55.01 … This too should turn on Congressional intent; but such intent may be less clearly evident than is required under § 701(a) and more difficult for courts to determine and apply.

Eimen v. Eimen

131 P.3d 148 · Court of Civil Appeals of Oklahoma · Nov 18, 2005

. ¶ 9 The trial court’s decision regarding custody will not be disturbed on appeal unless it is clearly against the weight of the evidence or an abuse of discretion. Daniel v. … "The evidentiary requirements for a change of a permanent custody order are well established.” Fox v. Fox, 1995 OK 87 , ¶ 7, 904 P.2d 66, 69 .

Eldridge v. Missouri Pacific Railroad

832 F. Supp. 328 · District Court, E.D. Oklahoma · Jul 26, 1993

The Supreme Court held that the preemptive effect of these regulations is governed by section 434 of the FRSA 4 which clearly confers on the Secretary the power to preempt state common-law. … The record establishes that federal funds were expended on the crossing in the instant case.

Cuesta-Rodriguez v. State

241 P.3d 214 · Court of Criminal Appeals of Oklahoma · Oct 12, 2010

rules, but because-having been created for the administration of an entity's affairs and not for the purpose of establishing or proving some fact at trial-they are not testimonial, Whether or not they qualify as business … This claim is clearly refuted by the record.

Opinion No. (2008)

Oklahoma Attorney General Reports · Nov 5, 2008

and continuously regulated the natural gas industry, including in the areas of production and purchasing, (b) parties with contracts on these subjects could not have reasonably expected that their contractual rights were immune … Section 570.9(A) establishes the rights of an "owner" to produce its interest in monthly production from a well. 7.

Brown v. Eppler

788 F. Supp. 2d 1261 · District Court, N.D. Oklahoma · Apr 19, 2011

The Roth Court explained that: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Courts look to whether state law has created an “entitlement for persons qualified to receive them” that may be terminated only “for cause” or based on other specified reasons. Memphis Light, Gas and Water Division v.

Caddo Electric Cooperative v. State Ex Rel. Whelan

391 P.2d 234 · Supreme Court of Oklahoma · Mar 31, 1964

by the respective authorities having jurisdiction thereof upon Corporations, constructing or operating electric transmission and distribution lines or systems; * * * (emphasis ours) Plaintiffs contend that this proviso clearly … (Emphasis supplied) It seems to us that the Arkansas case turned more upon the definition of "Newport" and the finality of the orders of their Public Service Commission in establishing boundaries in 1937, than it did upon

Louthan v. Johnson

111 Okla. 170 · Supreme Court of Oklahoma · Jul 7, 1925

thereof, ‘when any person having title to any estate not otherwise limited by marriage contract dies without disposing of the estate by will it descends and must be distributed in the following manner: * * * ■ related to and qualifies … In such case the agreement becomes testamentary in character and comes clearly under the statute of frauds. In the case of Crispin, Adm’x, v. Winkleman (Iowa) 10 N.

Parson v. Farley

352 F. Supp. 3d 1141 · District Court, N.D. Oklahoma · Nov 2, 2018

In this case, Volokh seeks to establish independent Article III standing ( see ECF No. 58 at 4-5), and Parson has not challenged Volokh's standing. … At trial, a First Amendment right of access clearly attaches under Tenth Circuit law, see supra note 5, rendering the presumption of access even more difficult for Parson to overcome.

Sholer v. STATE EX REL. DPS

990 P.2d 294 · Court of Civil Appeals of Oklahoma · Mar 29, 1999

and that individual actions would be uneconomical, making a class action superior to any other method for fair and efficient adjudication of the controversy; 4) the attorneys for Sholer, et al. have shown themselves to be qualified … Additionally, where a state voluntarily becomes a litigant, it waives sovereign immunity and may be assessed costs as a private litigant would. 72 A.L.R.2d § 6.

Weeks v. United States

406 F. Supp. 1309 · District Court, W.D. Oklahoma · Dec 18, 1975

They urge two distinct theories of sovereign immunity. … We therefore rejected the governmental sovereign immunity defense as to the Secretary. In our Weeks case it is objected that the tribal business committees which are sued are immune from suit.

Klettke v. State

92 Okla. Crim. 366 · Court of Criminal Appeals of Oklahoma · Oct 25, 1950

Clearly counsel’s contention “that the judgment and sentence of Meath’ passed upon the defendant was excessive and unwarranted under the evidence and facts”, in view of the record in this case, is not tenable. … I called attention to the fact that in criminal cases the defendant had to be convicted beyond a reasonable doubt and in civil cases it was only necessary to establish the plaintiffs petition by a preponderance of the evidence

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

Trower v. Stonebraker-Zea Live Stock Co.

17 F. Supp. 687 · District Court, N.D. Oklahoma · Jan 12, 1937

The amended petition clearly states that the corporation had been dissolved by operation of law prior to the arising of plaintiffs’ cause of action. … The United States Supreme Court early settled the -proposition that trustees, suing for others’ benefit, may remove suits to the federal court, if they personally qualify by their citizenship for such removal and the jurisdiction

Cox v. State ex rel. Oklahoma Department of Human Services

87 P.3d 607 · Supreme Court of Oklahoma · Mar 9, 2004

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. … 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.

Weston v. Independent School District No. 35

170 P.3d 539 · Supreme Court of Oklahoma · Jul 3, 2007

. § 6-101.20 et seq. provides that at the trial de novo, the burden of proof is on the superintendent or designate to establish de novo that the teacher's dismissal is warranted. … § 6-101, et seq., was intended to give job security to competent and qualified teachers and to protect them from dismissal or non-renewal for political, personal, arbitrary or discriminatory reasons.