Case law

Opinion No. 71-427 (1972) Ag

Oklahoma Attorney General Reports · Feb 21, 1972

The states are required to comply with the provisions of 210 and 305 of the federal act, in order to qualify for federal assistance. … Hence, the preceding sections of the state law are clearly in full compliance with the Federal Act.

United Food & Commercial Workers Union v. Chesapeake Energy Corp.

281 F.R.D. 641 · District Court, W.D. Oklahoma · Mar 30, 2012

Typicality is satisfied when the named class representative will, by establishing its own claim, establish the bulk of the elements of each class member’s claim. Brooks v. Southern Bell Tel. & Tel. … That court also cited the law firm’s “clearly superlative litigating and negotiating skills.” Id. at 789 .

BILLS v. BILLS

2022 OK CIV APP 27 · Court of Civil Appeals of Oklahoma · May 23, 2022

On appeal, this Court will not disturb the trial court's judgment regarding property division unless the trial court has abused its discretion or has entered a decision that is clearly contrary to the weight of the evidence … Attorney fees are granted only to the litigant who qualifies for the benefit through the process of a judicial balancing of the equities. Id.

State Ex Rel. Woods v. Cole

178 Okla. 567 · Supreme Court of Oklahoma · Sep 29, 1936

Executed contracts should not be held void as against public policy, unless the court is without doubt clearly and positively directed to that conclusion. In Huber v. … Culp, 46 Okla. 570 , 149 P. 216 , this court held as follows: “In order to declare a contract against public policy, and void, it must conflict with the morals of the times or contravene established interests of society,

Jones v. Ransom

184 P.3d 561 · Court of Civil Appeals of Oklahoma · Feb 20, 2008

. ¶ 1 In my opinion, the evidence does not supply critical information necessary to establish that a judgment can be entered without regard to whether the Klintworths and the Joneses (Plaintiffs) have established a "necessity … Clearly, the acreage "sold" was subject to condemnation.

Hargrave v. Canadian Valley Electric Cooperative, Inc.

792 P.2d 50 · Supreme Court of Oklahoma · May 8, 1990

Contracts must stand unless it clearly appears that pub- *59 lie right or public weal is contravened. Id. … Clearly, summary judgment as to this theory of recovery was premature in light of the many remaining factual questions.

Hooper v. American Strategic Insurance Corporation

District Court, N.D. Oklahoma · Apr 17, 2025

of the plaintiff to establish a cause of action against the non-diverse party in state court.” … Servs., LLC, 341 P.3d 75, 79 (Okla. 2014) immunizes France from the claims asserted in the petition.

STITT V. DRUMMOND

2025 OK 82 · Supreme Court of Oklahoma · Nov 12, 2025

Is Not Affected By Oklahoma's Prohibition Against Holding Dual Office ¶7 We have established that Cabinet Secretaries are officers. … These last six examples clearly demonstrate the Legislature's ability to make an explicit exception when they so desire.

Bellis v. Bryant

District Court, W.D. Oklahoma · Oct 7, 2020

For claims adjudicated on the merits, “this [C]ourt may grant … habeas [relief] only if the [OCCA’s] decision ‘was contrary to, or involved an unreasonable application of clearly established Federal law, as determined by … Notwithstanding the waiver, the Court explained that Petitioner’s scope of immunity under § 1289.25 did not immunize him in Count Three because Ms.

Opinion No. (2002)

Oklahoma Attorney General Reports · Mar 18, 2002

Section 106 establishes the requirements for "legal newspapers," i.e., those newspapers which wish to publish valid legal notices. … An examination of the relevant factors discerned from Ruble reveal the balance clearly in favor of holding The Oklahoma Journal being published in Midwest City because that is where its principal offices are located, that

K. C. Motor Co. v. Miller

185 Okla. 84 · Supreme Court of Oklahoma · Apr 4, 1939

The court’s instruction No. 1 clearly informs the jury that recovery is sought only for losses suffered by plaintiff as a result of alleged injuries to the kidney. … This requested instruction, like Nos. 2 and 4 above, failed to take into account the qualifying effect of mutual mistake as aforesaid. We find no prejudicial error with respect to the instructions as given and refused.

Opinion No. (2000)

Oklahoma Attorney General Reports · Nov 8, 2000

. ¶ 3 Fourth, "[i]t is only where an act of the Legislature is clearly, palpably, and plainly inconsistent with the terms and provisions of the Constitution that the courts will interfere and declare such act invalid and … Supp. 1997, § 598[ 37-598 ] applied only to establishments which have been licensed by the Alcoholic Beverage Laws Enforcement Commission.

Gray v. Gray

67 O.B.A.J. 2328 · Supreme Court of Oklahoma · Jul 16, 1996

83 L.Ed. 976 (1939), the Court held that benefits invested in property were also nonexempt from creditor actions, since they were not “‘payments of benefits’ due or to become due” and thus did not fall within the initial immunizing … The evidence here established that all property obtained by the parties during their marriage was acquired by joint industry.

City of Blackwell v. City of Newkirk

31 Okla. 304 · Supreme Court of Oklahoma · Jan 30, 1912

The certificate of the Secretary of State, by which the geographical center of the county was established, was dated and executed on July 22, 1908. … The Constitution clearly authorizes the Secretary of State to determine the geographical center of a county for the purposes of determining the permanent location of a county seat, and does not fix the time within which he

Best v. Oklahoma Mill Co.

124 Okla. 135 · Supreme Court of Oklahoma · Nov 9, 1926

stockholder or a creditor, and without begging the question, it is to be observed that this provision per s& is not decisive either way, and when considered with all the other provisions of the instrument, does not seem to qualify … It is not without difficulty clearly to distinguish that and othér cases.

Kansas Natural Gas Co. v. Haskell

172 F. 545 · U.S. Circuit Court for the District of Eastern Oklahoma · Jul 3, 1909

Ed. 290 , said: “Definitions as to what constitutes interstate commerce are not easily given, so that they shall clearly define the full meaning of the term. … The right of a freehold is not touched by the establishing of a highway, but continues in the owner of the land, in the same manner that it was before the highway was established, subject to easement.

MATERIAL SERVICE CORP. v. TOWN OF FITZHUGH

343 P.3d 624 · Court of Civil Appeals of Oklahoma · Aug 14, 2014

C-O4-121), 4 seeking to establish Town was not properly incorporated in 1985 and lacked authority to enact zoning ordinances. … (Emphasis added) €34 The Bankoff Court then considered two balancing of equities tests, the first de-seribed as being used by "most courts": While a landowner will not be immune from a zoning change if he has done nothing

Landrum v. Standard Oil Company

499 P.2d 411 · Supreme Court of Oklahoma · Jul 5, 1972

The evidence introduced • at the trial was insufficient to establish that the plaintiff’s hearing disability was the result of any negligent acts by the defendants. … In the latter cause, we held: “But even in cases of this nature, testimony of a qualified physician that the injury could have resulted -from a certain cause together with corroborating evidence of the manner in which the

State Ex Rel. Oklahoma Bar Ass'n v. Smolen

63 O.B.A.J. 2123 · Supreme Court of Oklahoma · Jul 14, 1992

Nevertheless, attorneys should not be allowed to establish a ‘pecuniary gain by overreaching. … announced is a new principle of law; 2) whether retrospective application would retard operation of the rule; and 3) whether retroactive application would produce an inequitable result. 47 The language of the new rule would clearly

In Re Magic Circle Energy Corp.

64 B.R. 269 · United States Bankruptcy Court, W.D. Oklahoma · Aug 19, 1986

. § 547 . 2 Assuming, without deciding, that the payments in question are preferential in nature, we address the sole issue before us: whether or not the subject payments are immunized from application of § 547 by way of … O’Connor, the president of Magic Circle, at a Rule 2004 examination conducted by Hughes in connection with this matter. 4 Hughes urges that these selected portions clearly indicate that the subject transfers were within the