Case law

Pierce v. Ford Motor Co.

568 P.2d 645 · Court of Civil Appeals of Oklahoma · Jun 8, 1976

Taking the most favorable view of the plaintiffs’ evidence, the inference of negligence clearly ‘stands equiponder-ant at best’ with the contrary inferences relied upon by the defendant. … Plaintiff’s second proposition reads: “The trial court committed reversible error in refusing to qualify James W. Pierce as an expert and in excluding his testimony.”

Cox v. State of Oklahoma, The

District Court, N.D. Oklahoma · Mar 5, 2020

However, the Court will consider one claim that plaintiff would likely assert against DHS, but which would clearly be subject to dismissal. … The law is clearly established that states have Eleventh Amendment immunity from suit unless this immunity is abrogated by Congress, and the Supreme Court has determined that § 1983 does not waive a state’s immunity from

Veterans of Foreign Wars v. Childers

197 Okla. 331 · Supreme Court of Oklahoma · Jun 29, 1946

That statement is correct if qualified by “in a proper manner.” … We are therefore of the opinion that under the above-cited authorities a part of this appropriation was clearly a gift as defined therein, and as such is clearly prohibited by section 15, art. 10, Constitution of Oklahoma

Shimonek v. Tillman

150 Okla. 177 · Supreme Court of Oklahoma · Jun 23, 1931

S. 1921, provides: “The county court shall establish a date upon which all petitions for the approval of deeds to lands inherited by fulhblood Indians shall be heard. * * *” Section 1079. C. O. … In truth and in fact, tlie opening statement of counsel very clearly shows (hat in the trial court the defense submitted by the defendant was solely to tlie effect that the guardianship was void, and that the county court

Jackson v. Maley

62 O.B.A.J. 557 · Supreme Court of Oklahoma · Feb 4, 1991

Compelling legal reasons clearly militate against disturbing that decision. … Dix, 771 P.2d 614, 617 (Okla. 1989)], and, generally, an election not clearly illegal will be upheld. Id. and Keltch, supra at 911 .

Waldon v. Maughn

District Court, W.D. Oklahoma · Mar 22, 2023

“In applying this test, some courts have adopted the requirements for establishing a conspiracy under Section 1983.” Id. at 1454. … App’x 725, 727–28 (10th Cir. 2008) (unpublished) (concluding that a judge’s imposition of bail clearly implicated an action taken in the judge’s judicial capacity, and as such, the judge was absolutely immune from the

Mooney v. State

70 O.B.A.J. 2414 · Court of Criminal Appeals of Oklahoma · Aug 31, 1999

The facts proving each offense are clearly intertwined. … Juror Henry’s note clearly indicated that he believed the jury was hopelessly deadlocked.

Mills v. Amazon.com Services, LLC

District Court, N.D. Oklahoma · Jun 27, 2024

immunity context. … But the analysis of qualified immunity is based on specific facts, not abstract principles.”) 10 in March 2022, reporting discriminatory treatment he and other African American

Oklahoma Pub. Co. v. Tucker

124 Okla. 202 · Supreme Court of Oklahoma · Apr 5, 1927

It is contended that a justice of the peace under our law receives no salary, but does receive fees allowed by law, and that the words in relation to putting the fees in his pocket are clearly not defamatory on th’e-ir face … The record discloses that there was no evidence that even tended to establish the truth of the charges contained in the article in¡ question.

Hammon v. State

66 O.B.A.J. 2230 · Court of Criminal Appeals of Oklahoma · Jun 30, 1995

The trial court conducted the death qualifying portion of voir dire. 26 However, both prior to voir dire and after death qualifying the venire panel, Hammon’s and Jones’ lawyers 27 moved to question the jury about the other … The medical examiner established the death of Gene Slape.

Perkins v. Territory of Oklahoma

10 Okla. 506 · Supreme Court of Oklahoma · Sep 5, 1900

(Id. 113) But trial courts should be careful never to admit such testimony unless clearly within the rule. … “Declarations are sometimes admissible in evidence as part of the transaction when they qualify or give character to it. These declarations did neither.

National Biscuit Co. v. Lout

179 Okla. 259 · Supreme Court of Oklahoma · Dec 22, 1936

That respondent sustained the disability and that it occurred during the course of his employment is clearly established, but whether it was the result of an accident, and, if so, arose out of the employment, are the questions … But the essential connecting link of direct causal connection between the personal injury and the employment must be established before the act becomes operative.

STATE ex rel. OKLA. BD. OF MEDICAL LICENSURE AND SUPERVISION v. GREGORY

2016 OK CIV APP 18 · Court of Civil Appeals of Oklahoma · Dec 30, 2015

"The rationale for this rule is that courts do not possess the specialized knowledge, training, experience or competency to substitute opinions for the judgment of qualified experts." … license voluntarily to halt the proceedings against him without requiring him to satisfy the statutory requirement to admit and describe his misconduct would render this requirement meaningless, in contravention of well-established

Paclawski v. Bristol Laboratories, Inc.

425 P.2d 452 · Supreme Court of Oklahoma · Jan 24, 1967

In that case, in the ninth paragraph of the syllabus, the Oklahoma court stated a rule *455 similar to that contended for by defendants here, hut was careful to add the qualifying phrase “ * * * and repugnant to the general … purpose and intent of the contract * * * A study of the opinion justifies the conclusion that the decision was in reality based on other sounder and well established rules for the construction of contracts.

Byers v. Territory

1 Okla. Crim. 677 · Court of Criminal Appeals of Oklahoma · Mar 15, 1909

It is the fixed purpose of this court to carry out the spirit of this statute, and when a defendant has been properly charged with an offense and fairly tried and the evidence clearly establishes his guilt, this court will … That appellant shot and killed the deceased cannot be questioned; that he shot him under circumstances which establish a homicide upon express malice is also evident, if murder upon express malice can be established by the

Gulf Oil Corporation v. State

360 P.2d 933 · Supreme Court of Oklahoma · Mar 28, 1961

In this connection, Commission contends Gulf clearly comes within the statutory definition of a common purchaser as a company “exercising * * * the right to carry petroleum * * * by pipeline * * * as owner, lessee, licensee … Gulf Refining Company’s activities and operations are those of an interstate common carrier of crude oil by pipe line for hire; Gulf Oil Corporation owns all of the corporate stock of Gulf Refining Co., except directors’ qualifying

SERVICE PIPE LINE COMPANY v. Donahue

283 P.2d 844 · Supreme Court of Oklahoma · Feb 8, 1955

It is clearly evident that he should know as much about flag raising as the most experienced. … Jennings and I say that the facts in those cases clearly establish the negligence of the master while in the case at bar such evidence is wholly lacking.

Goulsby v. Dowling

District Court, N.D. Oklahoma · Sep 23, 2022

immunity as to any individual-capacity claims asserted against them. … of constitutional harm, and (3) acted with the state of mind required to establish the alleged constitutional deprivation.”

DANI v. MILLER

2016 OK 35 · Supreme Court of Oklahoma · Mar 29, 2016

In other words, if validly established claims exceed the established reserve, incoming unclaimed property will be held in reserve to pay valid claims until all established claims are paid. … A legislative act is presumed to be constitutional and will be upheld unless it is clearly, palpably and plainly inconsistent with the Constitution. Rural Water Sewer and Solid Waste Mgmt. v.

In Re De-Annexation of Certain Real Property

102 P.3d 120 · Supreme Court of Oklahoma · Jul 6, 2004

When asked whether a water line could be laid under the strip, another City official answered "probably not." ¶ 26 The individual tracts standing alone would clearly not meet the statutory definition of contiguity (or adjacency … When a matter is declared political it carries First Amendment immunity because the subject is about governing. Freedom of speech in the broad sphere of governing is unlimited.