Case law

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.

Opinion No. 79-168 (1979) Ag

Oklahoma Attorney General Reports · Jul 31, 1979

When the public trust leases governmentally owned property, the unitary ownership fragments, leaving only the reversion to qualify for the ad valorem tax exemption. … In construing Section 19.6 and 26 of the Revenue Act of 1939, the Court noted that the legislative intent, as well as earlier Illinois case law, clearly mandated the practice of taxing private leasehold interests in tax-exempt

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

Sanders v. State

62 O.B.A.J. 2022 · Court of Civil Appeals of Oklahoma · May 14, 1991

In the meantime, DHS had implemented a service plan and monitored the mother’s compliance with standards of conduct established by the court in Oklahoma County with regard to the two older children. … whether the child, because of exceptional circumstances, should remain in foster care on a long-term basis as a permanent plan.” 10 At each review hearing: “The Department shall cause to be prepared ... a written report by a qualified

In re the Oklahoma Turnpike Authority

770 P.2d 16 · Supreme Court of Oklahoma · Feb 7, 1989

These questions are clearly and definitely established by our fundamental law to a certainty as functions of the legislative department of government. … In part, it reads: ... the reality of the situation is that I currently have no one on my staff who *23 would qualify as a recognized bond counsel on such a large issue.

Opinion No. (2007)

Oklahoma Attorney General Reports · Feb 14, 2007

The Wheless court noted that the plaintiff was not discharged "for refusing to act in violation of an established public policy, nor for acting consistent with an established public policy. … Special District Judges may still be terminated at any time, for no reason or any reason and even in bad faith, as long as the termination does not violate such a clearly established public policy mandate. III.

Cantrell v. United States Soccer Federation

67 O.B.A.J. 2988 · Court of Civil Appeals of Oklahoma · Jun 25, 1996

To qualify as a national governing body, the sports organization must provide procedures for the “prompt and equitable resolution of grievances of its members”. 36 U.S.C. § 391 (b)(ll). … sister court, the Appellate Division of the Superior Court of New Jersey, has contemplated the foregoing provisions of the Act and held: The comprehensive provisions for arbitration, as well as the legislative history, clearly

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.

State v. Dickson

332 P.2d 1109 · Court of Criminal Appeals of Oklahoma · Dec 10, 1958

There are well established exceptions to this fundamental right. … It is well established that in order to benefit from our statutes securing a speedy trial, the accused must demand trial; if he does not make such demand he waives his right.

AMERICA'S CAR MART v. THE HONORABLE DAMON CANTRELL

2025 OK 73 · Supreme Court of Oklahoma · Oct 14, 2025

Enterprise Financial Group, Inc. , we examined whether vehicle service warranty agreements qualified as insurance contracts for purposes of the Insurance Code. … See, e.g. , Edwards , 2016 OK 107 McLin exception because Guardian is immune from suit for charges of discriminatory practices in employment by domestic workers under section 1302(B).

Excise Board of Marshall County v. School Dist. No. 34

156 Okla. 261 · Supreme Court of Oklahoma · Mar 25, 1932

Most clearly the decisions cited and quoted from in the majority opinion so hold. … of the qualified voters thereof at an election for that purpose.

Parker v. Lynch

7 Okla. 631 · Supreme Court of Oklahoma · Jul 30, 1898

The land department, on the showing made by both parties, found and held that Lynch was a qualified entry-man. That being true, should this court disturb such findings? … He does not have *663 to be a qualified entryman to initiate or prosecute a contest.

Prestel v. State of Oklahoma

District Court, E.D. Oklahoma · Apr 24, 2023

The State of Oklahoma, however, is immune from suit under the Eleventh Amendment. … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.

Milburn v. State Taxpayers Ass'n

114 Okla. 285 · Supreme Court of Oklahoma · Jan 12, 1926

Upon her own admission clearly a portion of those signatures are invalid for the purpose for which they were intended. … his qualification to sign the petition, and when this cannot be done, on account of the procedure adopted here, the statute is not substantially complied with, and the presumption that the signatures were those of legally qualified

Herndon v. Anderson

165 Okla. 104 · Supreme Court of Oklahoma · Sep 26, 1933

S. 1921, being section 1, Session Laws of 1915 (c. 20), creating and establishing a superior court, was valid; but that section 3111, C. O. … Herndon, judge of the superior court, that if the court is legally established, which the appellants deny, that said F. W. Herndon is the duly appointed, qualified and acting judge of said court.

Sunrizon Homes, Inc. v. American Guaranty Investment Corp.

782 P.2d 103 · Supreme Court of Oklahoma · Oct 17, 1989

If the contract for sale is a negotiable instrument, Continental may qualify as a holder in due course taking the assignment free of any claim or defense. … Conversely the assignment contract, although physically a part of the same document containing the contract for sale, clearly indicates that it was intended to be a separate agreement.

Turley v. Flag-Redfern Oil Co.

782 P.2d 130 · Supreme Court of Oklahoma · Oct 31, 1989

A statute will be upheld unless it is clearly, palpably, and plainly inconsistent with fundamental law. 22 In testing the validity of.a state statute which differentiates in its treatment of one group compared with its treatment … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

Matter of Estate of Speake

743 P.2d 648 · Supreme Court of Oklahoma · Jul 7, 1987

It held the provisions of § 100 are inapplicable to a post-probate will challenge because the contest does not qualify as an “action.” … Where, as here, there are two statutory provisions — one of which is general and the other special because it clearly includes the matter in controversy and prescribes different rules and procedures from those in a general

In Re the Estate of Masters

361 F. Supp. 2d 1303 · District Court, E.D. Oklahoma · Mar 16, 2005

That was clearly not the case in IMFC. Finally, the government cites Arizona v. … Indeed, the government admitted at the hearing that its requested relief — the removal of Smith as Personal Representative — would unquestionably qualify as an “interference” to the probate.

Morrison v. Krouch

141 Okla. 288 · Supreme Court of Oklahoma · Sep 10, 1929

S. 1921, which is as follows: *290 “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall … The question is one of equitable cognizance. and therefore this court will not disturb the iudgment unless it is clearly against the weight of the testimony.