Case law

Carswell v. Oklahoma State University

995 P.2d 1118 · Supreme Court of Oklahoma · Jan 4, 2000

. ¶ 18 The Tort Claims Act immunizes the state, its political subdivisions and all their employees acting within the scope of employment except to the extent waived by the Act. 12 Employees are within the scope of employment … Although these cases appear to militate against today’s result, we find them clearly distinguishable on the point sub judice when viewed in light of the record in this case.

Fears v. Cattlemen's Investment Company

483 P.2d 724 · Supreme Court of Oklahoma · Mar 2, 1971

insurance, particularly for the type of policy then being marketed by Cattlemen’s Life Insurance Company (an “investment” type policy because of dividends to policyholders), because a stockholder, as an “investor,” is “pre-qualified … The trial court’s judgment is clearly against the weight of the evidence, and contrary to law and established principles of equity, and must be reversed.

Bowman v. Bowman

639 P.2d 1257 · Court of Civil Appeals of Oklahoma · Dec 23, 1981

After weighing the evidence, we find the trial court clearly abused its discretion in several ways. … We note the trial judge erred significantly in such a way as to clearly reveal his personal sympathy with Wife’s plight.

Question Submitted by: Brenda Hoefar, Interim Director, Office of Disability Concerns

2023 OK AG 14 · Oklahoma Attorney General Reports · Dec 1, 2023

There are a few provisions of the Act in which it is clearly outlined that the CLO is exempt from those provisions. … This "demonstrates that the Legislature clearly intended the [CLO] to remain subject to the Central Purchasing Act." 1988 OK AG 61 , ¶ 10.

In Re the Adoption of M.J.S.

162 P.3d 211 · Supreme Court of Oklahoma · May 22, 2007

It further impacts the Court's determination that the Petitioners were morally and ethically qualified to be considered as potential adoptive parents. … Ensure and promote the best interests of the child in adoption and to establish an order *215 ly and expeditious process for movement of adoption matters through the courts ..."

B.H. v. Gold Fields Mining Corp.

239 F.R.D. 652 · District Court, N.D. Oklahoma · Dec 7, 2005

Gmeinder, 191 F.R.D. 638, 643 (D.Kan. 2000) (Party asserting waiver of work-product immunity, rather than the party asserting the work-product protection, should have the burden to establish waiver.); Maldonado v. … As to the first principle, clearly a witness cannot offer testimony based on documents that he simultaneously claims are protected work-product.

Zenith Radio Corp. v. Admiral Corp.

190 F. Supp. 41 · District Court, W.D. Oklahoma · Sep 15, 1960

The evidence establishes, however, that the Adler circuit differed sharply from the Andrews circuit in several ways. 33. … Considered as a whole, the Lutzens patent ■clearly deals with quite a different problem from that involved in the ’956 invention and none of the mounting means .

Bradshaw v. State of Oklahoma

398 F. Supp. 838 · District Court, E.D. Oklahoma · Feb 25, 1975

Judge conducting the evidenti-ary hearing was prejudice and bias against your petitioner and failed to give a fair and full hearing on the issues clearly presented in the application for Post Conviction relief and actually … The prosecution has an affirmative duty to disclose to the jury any promise of leniency or immunity made to a key witness in a criminal prosecution. Giglio v.

Wal-Mart Stores, Inc. v. Reinholtz

955 P.2d 223 · Supreme Court of Oklahoma · Feb 5, 1998

Once the statutory test for on-the-job nexus is met, a claim's compensability for mental injury is established, although claimant's harm is not accompanied by physical injury. ¶ 5 If indeed it was established by proof that … No female is immune from the potential risk of a rapist's attack. [25] ¶ 12 Although the court relies on the attacker's knowledge of the claimant's schedule and of her employment tasks to prove that the rape arose out of

Smith v. PacerMonitor, LLC

District Court, N.D. Oklahoma · Apr 3, 2020

The Tenth Circuit affirmed the dismissal of plaintiff’s claims on the basis that plaintiff’s claims were untimely and defendants were immune from suit. … Chao, 296 F.3d 952, 955 (10th Cir. 2002) (“The burden of establishing subject-matter jurisdiction is on the party asserting jurisdiction.”).

Salazar v. State

67 O.B.A.J. 1989 · Court of Criminal Appeals of Oklahoma · Jun 5, 1996

Social workers certainly may qualify as expert witnesses. 15 Formal degrees have never been and are not required to qualify a witness as an expert. 12 O.S. 1991 , § 2702. St. … Peter was qualified to render relevant expert opinions within her field of expertise and the trial court erred in excluding her testimony.

Hibbard v. Craycraft

32 Okla. 160 · Supreme Court of Oklahoma · Nov 18, 1911

This case comes clearly under the above statute, and that clause of it wherein it is provided that the action may be maintained by the owner of premises against a settler or occupier thereof without color of title. … Jackson, 6 Okla. 751 , 52 Pac. 406 ), the Supreme Court of the United States said: “And we cannot find that that court has in any case withdrawn or qualified the ruling^ that an entryman, out of posses *166 sion and having

Little v. Echols

269 P.2d 984 · Supreme Court of Oklahoma · Jun 9, 1953

Wheatley as plaintiff, clearly establish that the land was the property of Mrs. … It is clear that if the grantor hands the deed to the grantee personally, without saying or doing anything to qualify the significance of such act, and effective delivery is made.

Strong v. Oklahoma Publishing Co.

66 O.B.A.J. 2577 · Court of Civil Appeals of Oklahoma · Jun 20, 1995

At the outset, it might have been arguable that a member of a small school board might not qualify as a public figure because of the lack of the substantial responsibility requirement. … The debate may be whether a night watchman is a public official, but clearly the Plaintiff here meets the test of one who’s position must be one which would invite public scrutiny and discussion of the person holding it,

Starkey v. Oklahoma Department of Corrections

305 P.3d 1004 · Supreme Court of Oklahoma · Jun 25, 2013

Therefore, we find the first Mendoza-Martinez factor clearly favors a punitive effect. 2. … And the duration of the reporting requirement is keyed not to any determination of a particular offender's risk of reoffending, but to whether the offense of conviction qualified as aggravated.

Tulsa Professional Collection Services, Inc. v. Pope

733 P.2d 396 · Supreme Court of Oklahoma · Nov 18, 1986

The qualified personal representative of decedent's estate published notice to creditors on 17 July 1979 and 24 July 1979. 5. … thereto; or, if he fails to establish his claim, to be paid over distributed as the circumstances of the state require.

Depuy v. Hoeme

775 P.2d 1339 · Supreme Court of Oklahoma · Mar 15, 1989

; but in either case, notice of the motion or a service of a copy of the rule shall be made on the defendant, a reasonable time before the order of attachment is made.” 17 .The terms of 12 O.S.1981 § 902, supra note 16, clearly … A terminal disposition of a contempt proceeding qualifies as a "final”, ap-pealable decision. Hampton v. Hampton, Okl., 609 P.2d 772, 773 [1980]. 37 .

Arvest Bank v. SpiritBank, N.A.

191 P.3d 1228 · Court of Civil Appeals of Oklahoma · Sep 11, 2008

. ¶ 22 Looking at the character of the matter as a whole, we conclude that TSI’s claims, and later Spirit’s claims, against Arvest did *1234 not seek to establish personal liability for a debt but to determine entitlement … Clearly, Arvest finds fault in the OAG-TSI transactions, but the Court is quite capable of determining the effect of the transactions and such characterizations, while colorful, do not advance legal analysis of the priority

Alexander v. Two Oaks Investments, LLC

District Court, N.D. Oklahoma · Aug 9, 2024

Mar. 26, 2021) (noting the long-established doctrine in Oklahoma that exhaustion is a jurisdictional prerequisite); Moler v. Enbridge Emp. Servs., Inc., No. CIV-20-00515-PRW, 2022 WL 331014, at *3 (W.D. Okla. … It may also encompass “the operation of a major bodily function, including . . . functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine,

Vance v. Enogex Gas Gathering, L.L.C.

393 P.3d 718 · Court of Civil Appeals of Oklahoma · Aug 26, 2016

Following discussion with counsel, the trial court then advised the jury it had been clearly instructed on the verdict form and it could not undo its first stage verdict. … Moran, 1965 OK 165 , 410 P.2d 876 ) (Example of ambiguous and clearly defective verdict.).