Case law

State Ex Rel. Oklahoma Firefighters Pension & Retirement System v. City of Spencer

237 P.3d 125 · Supreme Court of Oklahoma · Sep 29, 2009

that voluntary cessation of challenged conduct does not deprive a tribu nal of its power to conduct appellate review. 16 Moreover, the initial issue presented today-dealing with the enforcement or violation of a statute-clearly … See supra note 2 for the terms of 11 0.$.2001 § 49-135. . - According to the City, although Cummings may not be eligible to be a member of the System, he is qualified to serve as fire chief.

In re S.C.

833 P.2d 1249 · Supreme Court of Oklahoma · Jul 7, 1992

Clearly, Father fits this definition. However, Section 1914 qualifies the definition of “parent” in the instance where attempt is being made to invalidate a foster placement. … The qualifying language is “from whose custody such child is removed.”

Higgins v. Waters

60 Okla. 209 · Supreme Court of Oklahoma · Sep 12, 1916

This is an action for the purpose of establishing a trust in certain lands described in the petition. … It was well known that it had long been held by a non-citizen, there was no record or publication of any sale of the improvements, and it lay open to be filed upon by any qualified person.

Lookingbill v. State

157 P.3d 130 · Court of Criminal Appeals of Oklahoma · Mar 20, 2007

We nonetheless acknowledged the States' "vital interest in ensuring that only those qualified to do so are permitted to operate motor vehicles, that these vehicles are fit for safe operation, and hence that licensing, registration … When reviewing a trial court's ruling on a motion to suppress evidence based on an illegal seizure, "we defer to the trial court's findings of {act unless they are not supported by competent evidence and are therefore clearly

McGuire v. Morrison

69 O.B.A.J. 3282 · Court of Civil Appeals of Oklahoma · Aug 14, 1998

Supp.1997 § 5(B) to more clearly express the legislature’s intent indefinitely expressed in the previous version of § 5 in effect at the time of hearing in the present case. Hollytex Carpet Mills v. … Nebraska, 262 U.S. 390 , 43 S.Ct. 625 , 67 L.Ed. 1042 (1923) (constitutional rights denote the right of an individual to establish a home and bring up children according to the dictates of conscience);Pierce v.

Johnson v. State Farm Fire and Casualty Company

District Court, N.D. Oklahoma · Oct 22, 2019

After reviewing state law, the court concluded that this immunity was not absolute. Id. at *8–9. … In short, Oklahoma’s public policy does not clearly prohibit an insured party from pursuing a claim for IIED against an insurance adjuster, and State Farm has not shown that Mr. Johnson and Ms.

Lazy S Ranch Properties, LLC v. Valero Terminaling and Distribution

District Court, E.D. Oklahoma · Sep 12, 2025

However, an expert's conclusions are not immune from scrutiny: “A court may conclude that there is simply too great an analytical gap between the data and the opinion proffered.” General Elec. Co. v. … Trimble’s model is insufficient to establish damages if he cannot show the value of the property “immediately before the pollution.” Sinclair Oil & Gas Co., 288 P. at 983.

Martin v. Hanover Direct, Inc.

135 P.3d 251 · Court of Civil Appeals of Oklahoma · Oct 25, 2005

“An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence.” Ysbrand v. … In Morris, the New Jersey court concluded the plaintiff, Morris, could not establish commonality for purposes of a class action.

Assessment of Real Property of Integris Realty Corp. v. Oklahoma County Board of Tax Roll Corrections & Mike Means

58 P.3d 200 · Supreme Court of Oklahoma · Nov 7, 2002

This clearly comports with what the framers sought to accomplish. … County Equalization and Excise Bd., 1976 OK 159 , 559 P.2d 1224 , to support the proposition that a property which produces income is incapable of qualifying for an art. 10, § 6 tax exemption.

Gentry v. State

11 Okla. Crim. 355 · Court of Criminal Appeals of Oklahoma · Mar 3, 1915

Intelligent men take newspaper accounts as current news, liable to qualification, explanation, or contradiction, and, when qualified, explained, or contradicted, they change their opinions or belief accordingly as a matter … In the case at bar we are clearly satisfied that the opinions of the jurors challenged for cause were not of a disqualifying character.

Opinion No. (2007)

Oklahoma Attorney General Reports · Nov 30, 2007

Obviously, the service contracts establish rights and duties of both GRDA and the customer. A written contract is "presumptive evidence of a consideration." 15 O.S. 2001 , § 114[ 15-114 ]. … "A qualified acceptance [amounts to] a new proposal" for contract. 15 O.S. 2001 , § 71[ 15-71 ]; see also Young v. Roller , 201 P.2d 793 , 796 (Okla. 1948).

Foster v. Wynnewood Refining Company LLC

District Court, W.D. Oklahoma · Jul 21, 2025

By deciding all factual and legal questions in Plaintiff’s favor, if Plaintiff can show that co-employees do not have blanket immunity against all work-related tort claims, the Court 11 Smoot v. Chicago, R.I. & P. … s knowledge about the dangerous work environment, the extent to which they may have shirked their responsibilities, and whether a co-employee’s substantial certainty that injuries might result from his actions would qualify

A-Plus Janitorial & Carpet Cleaning v. the Employers' Workers' Compensation Ass'n

68 O.B.A.J. 1266 · Supreme Court of Oklahoma · Apr 8, 1997

matter, Federal Rule 18(a) must be read in conjunction with Federal Rule 42(b), 42 which gives the court broad discretion to order separate trials of claims or issues. 43 Courts generally order separate trials only when clearly … A Hohfeldian plaintiff is a legal entity seeking a judicial determination that it has "a right, a privilege, an immunity or a power” vis-a-vis the opposite party in litigation.

Collins Radio Co. of Dallas v. Bell

623 P.2d 1039 · Court of Civil Appeals of Oklahoma · Feb 23, 1981

In deciding that question, the court is not strictly bound by precedents established in other contexts. … Clearly, Shideler was an independent contractor, and was selected by Bell without pressure from Collins.

Sorrels v. Jones

26 Okla. 569 · Supreme Court of Oklahoma · Jul 2, 1910

the validity of the order of cancellation instead of it being upon defendants to establish its validity, is unnecessary to be determined in this proceeding, for it is clear that such admission does not establish that -he … Defendants did not undertake to pursue this course, either in their effort to establish a defense to plaintiff’s petition, or to establish a right to affirmative relief under their cross-petition, but *582 have relied throughout

Durkee v. Hazan

39 O.B.A.J. 1205 · Supreme Court of Oklahoma · Jun 25, 1968

The lease in question was the subject of examination and testimony by a highly qualified examiner of questioned documents, who testified as an expert. … A survey then was made which established location of this well to be on the E/2NW/4.

GLOVER CONSTRUCTION CO., INC. v. STATE ex rel. DEPT. OF TRANSPORTATION

2014 OK CIV APP 51 · Court of Civil Appeals of Oklahoma · Feb 14, 2014

Without explanation of its reason(s), the trial court denied GCC's motion for new trial. ¶18 Clearly the trial court had authority under Rule13(f) of the Rules of the District Courts of Oklahoma, 12 O.S. … If the Doctrine applies to States, which we do not decide, it only "operates to insulate the government from liability for certain inabilities to perform contractual obligations," which immunity is afforded only if its performance

BEASON v. I. E. MILLER SERVICES, INC.

441 P.3d 1107 · Supreme Court of Oklahoma · Apr 23, 2019

Cases of this nature-as well as cases to compensate for death resulting from work-related injuries-involve public-policy interests, like sovereign immunity and the "Grand Bargain" of the workers' compensation system, that … III. ¶ 19 In conclusion, special acts "create preferences and establish inequality." Reynolds , 1988 OK 88 , ¶ 19, 760 P.2d at 823 .

United States v. Neal

793 F. Supp. 1573 · District Court, W.D. Oklahoma · Sep 26, 1991

The standard for determining ineffective assistance of counsel due to a conflict of interest has been clearly delineated by the United States Supreme Court and our Circuit. … It is clearly established, as stated in the Report and Recommendations of the Magistrate Judge, that the Movant must show (1) that the witness actually lied in his testimony; (2) that the Government knew or should have known

Lakey v. Taylor

District Court, E.D. Oklahoma · Oct 18, 2023

immunity in his individual capacity; (6) referral of Bryant’s conduct to the Office of the U.S. … While his failure to back up the phone after being notified of the potential for litigation was negligent, he clearly did not destroy the phone or the data on it in bad faith nor did he intend to deprive the plaintiff of