Case law

TRW/Reda Pump v. Brewington

63 O.B.A.J. 682 · Supreme Court of Oklahoma · Mar 3, 1992

sufficient evidence to sustain an award in favor of Thomas or it makes legal arguments on appeal which ignore clearly established law. … Price, 134 Ariz. 112 , 654 P.2d 46, 47 (Ariz.App.1982) (law clearly established).

In Re Shipman's Estate

184 Okla. 56 · Supreme Court of Oklahoma · Nov 22, 1938

by words which clearly show that said expression referred only to his incompetency. … There is not sufficient evidence to establish “undue influence” as defined by the courts in probate cases.

Short v. State

62 O.B.A.J. 576 · Court of Civil Appeals of Oklahoma · Oct 9, 1990

application for a license to sell nonintoxicating beverages for on-premises consumption in a building leased by the applicant in the vicinity of a school on the ground that certain changes made by the applicant to statutorily qualify … Restricting accessibility to the club to God-lin Avenue clearly responds to the intent and purpose of the statute. Both the Warren Shaw and Horace H.

Muhammad v. Comanche Nation Casino

742 F. Supp. 2d 1268 · District Court, W.D. Oklahoma · Sep 28, 2010

Clearly, the question whether a tribe can compel a non-Indian to submit to tribal civil-adjudicatory jurisdiction “must be answered by reference to federal law and is a ‘federal question’ under § 1331.” … Graham, 489 U.S. 838, 841 , 109 S.Ct. 1519 , 103 L.Ed.2d 924 (1989) (a defense of tribal immunity “does not convert a suit otherwise arising under state law into one which, in the statutory sense, arises under federal law

Jiang v. City of Tulsa

District Court, N.D. Oklahoma · Jun 2, 2025

on its own to establish pretext. … An employee’s own belief that he is better 15 qualified for a position than other candidates is not sufficient to establish pretext, and a plaintiff must

Mooney v. Mooney

70 P.3d 872 · Supreme Court of Oklahoma · May 20, 2003

The trial court's evaluation of the building in that sum was clearly contrary to the clear weight of the evidence. $39 Jerry asks us to adopt Jack's value of $80,000, but disregard Jack's statement that Jerry would be better … "Appurtenances," unless otherwise qualified, means "all improvements and every right of whatever character pertaining to the premises described." 16 0.S$.2001 § 14. See, eg., Anthony v.

Pink

District Court, E.D. Oklahoma · Aug 18, 2026

No. 65 at 1 (Defendants stating Plaintiff “is clearly responding to Defendants’ Motion to Dismiss”). … “It is not enough to establish that the official should have known of the risk of harm.” Barney, 143 F.3d at 1310.

Catron v. First National Bank & Trust Co. of Tulsa

434 P.2d 263 · Supreme Court of Oklahoma · Apr 25, 1967

The evidence failed to show that the repudiation of the plaintiff’s interest was ever withdrawn or qualified, but reflects that the conduct of Mr. … As no action to establish a trust was commenced within five years of the date that the plaintiff was clearly informed by Mr. Catron that she had no rights of ownership, her recovery is barred by 12 O.S.1961, § 95(7).

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

Exchange Trust Co. v. Oklahoma State Bank of Ada

126 Okla. 193 · Supreme Court of Oklahoma · Jun 28, 1927

The receiver must qualify, proceed with the discharge of his duties, ask and receive directions from the court, make his final report, and secure an order of discharge to be relieved from his duties'. … established the insufficiency of the value of the property to discharge the mortgage debt of the Exchange.

Jackson v. Independent School District No. 16

648 P.2d 26 · Supreme Court of Oklahoma · Jun 8, 1982

I The teacher does not seek a review on the merits of cause for dismissal, rather her appeal is limited to a very narrow procedural perspective. 4 The teacher asserts that 70 O.S.Supp.1977 § 6-103.2 establishes as conditions … Had the Legislature intended that the admonishment statute § 6-103.2 be employed as a condition precedent to nonreem-ployment, this intention would have been clearly expressed in the statute.

Western Farmers Electric Cooperative v. Enis

70 O.B.A.J. 3769 · Court of Civil Appeals of Oklahoma · Jul 20, 1999

either the “intermediate reasonable fear” approach or the “minority perceived fear” rule “neither the owner nor anyone else may base an opinion of value on personal fear ... admissible [evidence] is an opinion of value of a qualified … Clearly, the reason such evidence was excluded was that the actual compulsion of condemnation was present in the prior sales, and not just a sale to a party with the power to condemn.

Darrough v. First Nat. Bank of Claremore

56 Okla. 647 · Supreme Court of Oklahoma · Mar 7, 1916

marshals * * * in' case the courts shall find it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified … bare fact of that possession under claim and color of that authority, without respect to the ultimate right to be asserted otherwise and elsewhere, as already sufficiently explained, that furnishes to the officer complete immunity

Cameron, Superintendent v. Parker

2 Okla. 277 · Supreme Court of Oklahoma · Feb 23, 1894

A judgment of ouster against respondent, and in favor of appellant, would not put him (appellant) in possession of the records of the office to which such judgment would establish his title. … The respondent's title to hold till his successor is elected and qualified is not in question. "If the view we have taken is correct, the relator, if he has a certificate and has qualified, is prima facie the clerk.

Parmenter v. Ray, County Judge

58 Okla. 27 · Supreme Court of Oklahoma · Jun 6, 1916

Prior to the service of the writ of certiorari, said Conner gave bond and duly qualified as special, administrator. … But the motion asking the court for such order and judgment was regularly submitted to it, and was clearly within its jurisdiction to decide, and, this being so, its judgment thereon cannot be annulled by means of the writ

Allcorn v. State

392 P.2d 66 · Court of Criminal Appeals of Oklahoma · Mar 25, 1964

Records of the Commission Company established that the cows had been consigned for sale by one F. E. … State, Okl.Cr., 351 P.2d 317 clearly establishes the law applicable in the instant case. In Syllabi 1, 2, and 4, this Court said: “1.

Watson Metals LLC v. Commissioner of Internal Revenue Services

District Court, W.D. Oklahoma · Mar 26, 2025

The courts’ jurisdiction over such civil suits—and § 1346(a)(1)’s corresponding waiver of the United States’ sovereign immunity—“must be read in conformity with other statutory provisions which qualify a taxpayer … Further, it is well established that “the existence of federal jurisdiction ordinarily depends on the facts as they exist when the complaint is filed.”

THE INSTITUTE FOR RESPONSIBLE ALCOHOL POLICY v. STATE ex rel. ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMM.

2020 OK 5 · Supreme Court of Oklahoma · Jan 22, 2020

"In assessing the conformity of a challenged state statute to our fundamental law, we are guided by well-established principles. The Constitution is the bulwark to which all statutes must yield." Liddell v. … Const. art 5 §51 provides: The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. 18 The Okla.

Childers v. INDEPENDENT SCHOOL DIST., ETC.

645 P.2d 992 · Supreme Court of Oklahoma · Oct 20, 1981

I Part II of the trial court's decision is clearly beyond the reach of this court's reviewing power. … Part I of the trial court's decision cannot qualify as "a final judgment".

Thacker v. State

100 P.3d 1052 · Court of Criminal Appeals of Oklahoma · Oct 27, 2004

should have been brought before a magistrate for a probable cause determination, it is significant to note that Appellant is not claiming the murder of Laci Dawn Hill, to which he readily admitted and pled guilty, would not qualify … But they do not require any relief here, for the facts of this case clearly establish Laci Dawn Hill’s murder was heinous, atrocious, and cruel and her death was preceded by both torture (in the infliction of both “great