Case law

SFF-TIR, LLC v. Stephenson

250 F. Supp. 3d 856 · District Court, N.D. Oklahoma · Apr 25, 2017

This doctrine developed most robustly in the qualified immunity arena. In Scott v. … In evaluating a motion for summary judgment based on qualified immunity, we take the facts “in the light most favorable to the party asserting the injury.” Scott v.

Bruner

District Court, W.D. Oklahoma · Apr 1, 2026

Petitioner argues this was “clearly erroneous” as “there is a Covid-19 mandate” in that case. Id. … Here, Petitioner fails to establish this Court’s jurisdiction.

Fisher v. State

736 P.2d 1003 · Court of Criminal Appeals of Oklahoma · Jun 8, 1987

He said that the medication made him drowsy, unable to think clearly, and that he felt intoxicated. Dr. … The record does not support a finding that the alleged informant, F.J., provided evidence against the appellant for pay or for immunity from punishment.

Turk v. Kramer

138 Okla. 35 · Supreme Court of Oklahoma · Feb 12, 1929

Thereafter Wilson qualified as such assignee and took possession of the property covered by the chattel mortgage, whereupon plaintiffs commenced the present action in replevin, wherein Kramer and wife and V. P. … So that the filing of such mortgage is clearly not equivalent to taking possession of the property with the consent of the mortgagor. In re Kramer Merc.

Roberts v. State

82 Okla. Crim. 75 · Court of Criminal Appeals of Oklahoma · Feb 13, 1946

If so, it establishes a case of criminal negligence.” … Exhibits D, E, E, and G were clearly admissible. The only photographs to which objection might be seriously urged are those set forth in the State’s Exhibits A, B, and C.

Warner v. Workman

814 F. Supp. 2d 1188 · District Court, W.D. Oklahoma · Aug 31, 2011

However, the Court later *1217 qualified the rule from Enmund . … Petitioner has failed to establish that the OCCA’s determination was contrary to, or an unreasonable application of, clearly established federal law.

Strubhart v. Perry Memorial Hospital Trust Authority

903 P.2d 263 · Supreme Court of Oklahoma · Feb 23, 1995

This established the concept that a hospital had an independent responsibility to patients to supervise the medical treatment provided by members of its medical staff. … completely rejected the doctrine as a matter of its common law jurisprudence, although the Kansas Supreme Court has, at least, partially rejected the doctrine based on a specific legislative enactment granting hospitals immunity

Chicago, R. I. & P. Ry. Co. v. McElreath

69 Okla. 9 · Supreme Court of Oklahoma · Nov 6, 1917

Unless claims are so made, the carrier shall not be lia- > * * * “The decisions also established that the question as to the proper construction of the bill of lading is a federal question. … . * * * When the goods have been misdelivered, there is as *12 clearly a 'failure to make delivery’ as when the goods have been lost or destroyed; and it is quite as competent in the one case as in the other for the parties

Dye

District Court, N.D. Oklahoma · Jun 24, 2026

Plaintiffs accuse Allstate of ignoring the allegations of their petition, and they argue that they have alleged that they clearly asked Willis to procure an insurance policy that would cover their home for replacement cost … The record clearly shows that Willis initially obtained a policy with full roof replacement, and Willis and Allstate notified plaintiffs in 2022 that their home no longer qualified for full replacement coverage.

Oklahoma Transportation Authority v. Turner

183 P.3d 168 · Court of Civil Appeals of Oklahoma · Oct 31, 2007

Such an abuse will be found only where the Trial Court makes a "clearly erroucous conclusion and judgment, against reason and evidence." Bank of Oklahoma v. Portis, 1997 OK CIV APP 32, ¶8 , 942 P.2d 249, 252 . … "Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation

Western Union Telegraph Co. v. Bank of Spencer

53 Okla. 398 · Supreme Court of Oklahoma · Apr 11, 1916

Commissioner Hall said: “Jurisdiction over these cable rates is clearly conferred upon us by the act to regulate commerce and is admitted of record by counsel for defendant.” … R. 306, a decision in no way qualified by Western U. Telegraph Co. v. Commercial Mill Co., 218 U. S. 406 (31 Sup. Ct. 59), 54 L. Ed. 1088 (36 L. R. A. [N. S.] 220, 21 Ann. Cas. 815).”

Thompson v. Sirmons

617 F. Supp. 2d 1129 · District Court, W.D. Oklahoma · Dec 22, 2008

The OCCA’s determination of this issue is not contrary to or an unreasonable application of clearly established federal law. 2. … Therefore, Gatewood’s testimony clearly qualifies as accomplice testimony. According to Gatewood, Davis told Stevenson to tell McQuin to move his car. Tr. Vol. II at 165-166.

McIntosh v. Dill

86 Okla. 1 · Supreme Court of Oklahoma · Feb 7, 1922

The executrix qualified as such in the state of New Hampshire, but did not so qualify in Rhode Island, but went into the state of Rhode Island and negotiated a private sale of the real estate located in Rhode Island. … “This last clause indicated very clearly what the author did mean by ‘curing defects in legal proceedings) where they do not extend to matters of jurisdiction.’

Miller v. Legacy Bank

District Court, W.D. Oklahoma · Aug 4, 2023

See 1 To establish a prima facie ECOA claim, a plaintiff must plead factual allegations demonstrating, inter alia, that the loan application was rejected despite the plaintiff’s qualifications. … Although Plaintiff claims that Defendant “has admitted clearly and unambiguously that [he] was qualified for the loan and that the Lottie property was sufficient collateral,”3 the current record reflects otherwise.

Myers v. Maxey

915 P.2d 940 · Court of Civil Appeals of Oklahoma · Apr 19, 1996

It is the purpose of the Oklahoma Guardianship Act to promote the general welfare of all citizens by establishing a system of general and limited guardian-ships for minors and for incapacitated and partially incapacitated … defendants reached an erroneous conclusion was unsettled at the time the conclusion was reached and was one upon which, as reflected by the opinion rendered therein and evidence that defendants caused to be introduced here, qualified

Ramsey v. Leeper

168 Okla. 43 · Supreme Court of Oklahoma · Dec 12, 1933

Water supplies previously established may become by future development and progress insufficient. … “The word ‘owner’ standing alone, signifies absolute owner, or owner in fee simple not a qualified or limited estate in the land. Phillips v. Hardenburg, 80 S.

House of Realty, Inc. v. City of Midwest City

76 O.B.A.J. 9 · Supreme Court of Oklahoma · Dec 21, 2004

The record clearly shows that the Hospital Authority is planning to purchase land for the purpose of providing the land for retail activities by others and be compensated from those retail activities. … The Trust states that it was formed “to create and establish a trust ... to finance, operate, construct and administer hospital facilities, ...” O.R. at 486, Article 1(1).

Stafford v. State

665 P.2d 1205 · Court of Criminal Appeals of Oklahoma · Jun 20, 1983

Section 701.11 clearly places the burden of proof on the State to prove beyond a reasonable doubt the existence of any aggravating circumstances. … He placed appellant on the stand in an effort to establish an alibi defense.

SPENCER v. WYRICK

2017 OK 19 · Supreme Court of Oklahoma · Mar 7, 2017

This proceeding is clearly a collateral attack by a private individual and is not permitted. ¶3 This Court possesses original jurisdiction to issue writs of quo warranto per 12 O.S. 2011 § 1532 and to issue writs of prohibition … At the conclusion of this stage, the Commission nominates the three applicants it has determined to be best qualified. ¶6 The second stage of the constitutional selection process is conducted by the Governor.

CARNAHAN v. CHESAPEAKE OPERATING, INC.

347 P.3d 753 · Court of Civil Appeals of Oklahoma · Oct 28, 2014

establish causation. … Johnson , 2006 OK CIV APP 35, ¶ 27 , 134 P.3d 858, 866 , explains: Clearly, and in keeping with the limited jurisdiction of the Corporation Commission, the Oklahoma Supreme Court has recognized that the district courts of