Case law

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

DRUMMOND v. OKLAHOMA STATEWIDE VIRTUAL CHARTER SCHOOL BOARD

2024 OK 53 · Supreme Court of Oklahoma · Jun 25, 2024

Regardless of how the State chooses to label charter schools, the Charter Schools Act is clearly an invitation for private entities to contract to provide educational choices. … But if it does, it cannot close the door to an otherwise qualified entity simply because it is sectarian. Espinoza , 591 U.S. at 487 ; see also Everson v.

Opinion No. (1993)

Oklahoma Attorney General Reports · Aug 31, 1993

IN FACT, THE BILL DOES NOT MANDATE A SALARY INCREASE; IT MERELY ESTABLISHES A SALARY CAP. HB 1568 DOES NOT DICTATE THE AMOUNT AN OFFICER SHALL BE PAID. … THE LANGUAGE CLEARLY PROHIBITS CHANGING THE SALARY OF A COUNTY OFFICER DURING THAT OFFICER'S TERM OF OFFICE, UNLESS IT IS DONE BY A LAW PASSED PRIOR TO THE ELECTION OR APPOINTMENT OF THAT OFFICER.

Brown v. Bivings

277 P.2d 671 · Supreme Court of Oklahoma · Nov 3, 1954

would not be fatal to the contract, if the agreement had been sufficiently definite so that what they intended to agree to could have been ascertained with a reasonable degree of certainty, we think the following matters clearly … It is incomprehensible that these parties, who by plaintiff’s allegations and evidence, were peculiarly qualified to work out such a project by reason of past experience, would have entered into any arrangement without some

Oklahoma Department of Securities Ex Rel. Faught v. Mathews

423 B.R. 684 · District Court, W.D. Oklahoma · Feb 10, 2010

In this case, Appellant does not argue the state court judgment fails to qualify as a judgment for purposes of § 523(a)(19). … Because the decision is a judgment within the meaning of the statute, that element of § 523(a)(19) is clearly satisfied.

Oklahoma State of v. Biden

District Court, W.D. Oklahoma · Dec 28, 2021

“For a legal dispute to qualify as a genuine case or controversy, at least one plaintiff must have standing to sue.” Id. at 2565. … Bradley, doc. no. 37-2, ¶ 5. 18 Immunization Rules, ¶ 3-2 (b).

State v. Pigg

368 P.3d 771 · Supreme Court of Oklahoma · Jan 20, 2016

(H) The extraordinary physical or emotional needs of the child as established by testimony of a qualified expert witness. … by testimony of a qualified expert witness; and (H) The unavailability of suitable families for placement after a diligent search has been completed for families meeting the preference criteria. 40 155 Section 1915(c) clearly

Delk v. Markel American Insurance Co.

74 O.B.A.J. 2867 · Supreme Court of Oklahoma · Oct 21, 2003

The nature of the interest that qualifies as insurable has changed over time and is gradually broadening. 26 Two competing theories have evolved for measuring the nexus which must be present between the property and its insured … The policy limits and the premium paid by this insured clearly demonstrate her intent that more than her bare legal interest be insured.

Cary by and Through Cary v. Oneok, Inc.

940 P.2d 201 · Supreme Court of Oklahoma · Jul 1, 1997

. ¶ 7 A minor, on the other hand, who is non sui juris, cannot qualify as principal. … The terms of 12 O.S.1991 § 2017(C) [25] clearly make the next friend dominus litis.

Rogers v. Baptist General Convention of the State

651 P.2d 672 · Supreme Court of Oklahoma · May 25, 1982

Waterstaat was qualified as an expert in the field of Medical Record Science. This field deals with the preparation, administration and utilization of health records for proper patient care. … However, a careful review of the court’s rulings as reflected in the record clearly demonstrates that there was no ruling by the court excluding any of Waterstaat’s testimony on the basis of the locality rule.

Bray Lines, Inc. v. United States

353 F. Supp. 1240 · District Court, W.D. Oklahoma · Jan 29, 1973

The evidence establishes the need of the Department of Defense for American Farm Lines’ services. … The evidence clearly demonstrates the superiority of American Farm Lines’ service.

Cohee v. State

942 P.2d 211 · Court of Criminal Appeals of Oklahoma · Jul 2, 1997

We simply found that the petitioners failed to establish that they were entitled to extraordinary relief. … This new role could break down the cloak of judicial immunity. Nothing in our Constitution nor our statutes allows this Court to enact such broad legislation.

Silver Seal Products Company v. Owens

523 P.2d 1091 · Supreme Court of Oklahoma · Jun 4, 1974

To qualify as part of “res gestae”, or spontaneous utterance exception, the statement must describe something seen, heard, or done by declarant in course of an event or transaction. … The net result clearly is evidenced by respondents’ claim.

Endicott v. Choctaw County City of Hugo Hospital Authority

District Court, E.D. Oklahoma · Sep 28, 2023

The medical notes clearly indicate the hospital staff’s knowledge of Crowell’s condition. … The federal statute, however, preempts state sovereign immunity. See Root v. New Liberty Hosp.

DRUMMOND v. OKLAHOMA STATEWIDE VIRTUAL CHARTER SCHOOL BOARD

2024 OK 53 · Supreme Court of Oklahoma · Jun 25, 2024

Regardless of how the State chooses to label charter schools, the Charter Schools Act is clearly an invitation for private entities to contract to provide educational choices. … But if it does, it cannot close the door to an otherwise qualified entity simply because it is sectarian. Espinoza , 591 U.S. at 487 ; see also Everson v.

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

Clark v. De Graffenreid

64 Okla. 177 · Supreme Court of Oklahoma · Jul 10, 1917

This appeal was clearly authorized by section 1559, Stats. 1890 (section 6501, Rev. … But the facts in that case and the preceding paragraph of the syllabus, as well as some of the Kansas cases cited, show that the above-quoted paragraph is not to be taken as establishing the rule that such bond is absolutely

Matter of As

811 P.2d 910 · 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. … 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

State Ex Rel. State Insurance Fund v. Great Plains Care Center, Inc.

74 O.B.A.J. 2753 · Supreme Court of Oklahoma · Sep 30, 2003

This legislative enactment expressly grants authority for attorney's fees to be awarded against a state entity, and sovereign immunity issues are not implicated. See Vanderpool v. … An abuse of judicial discretion occurs when a trial court's order is exercised to an end or purpose not justified by, and clearly against, reason and evidence. Christian v.

Oklahoma State Election Board v. Coats

610 P.2d 776 · Supreme Court of Oklahoma · Apr 21, 1980

The general rule is that when the constitution establishes specific eligibility requirements for a particular constitutional office, the constitutional criteria are exclusive. … 7 The appellants’ position is that the statute is constitutional because: all district attorneys in like circumstances are treated equally; and the burden is on the appellee to show that it is essentially arbitrary and clearly