Case law

Smith v. Baptist Foundation of Oklahoma Corp.

71 O.B.A.J. 3266 · Court of Civil Appeals of Oklahoma · Aug 15, 2000

Id. at section 801.11. 125 The legislature was clearly acknowledging that charitable organizations were administering these trusts before 1997. … The trial court would simply appoint a qualified trustee. {33 In conclusion, we hold that the trial court's judgment was erroneous.

Ag Equipment Co. v. Aig Life Ins. Co., Inc.

691 F. Supp. 2d 1295 · District Court, N.D. Oklahoma · Feb 11, 2010

It is clearly exempt from the Oklahoma statutes — such as § 1219— that govern such accident and health insurance.”). … It is clearly exempt from the Oklahoma statutes — such as § 1219 — that govern such accident and health insurance.

Marshall v. State

232 P.3d 467 · Court of Criminal Appeals of Oklahoma · May 13, 2010

Wilson was fully qualified as an expert in DNA analysis. Mr. Wilson had worked with Dr. Fuller on prior occasions and had previously reviewed her work. … An abuse of discretion has been defined as a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented. State v.

State Ex Rel. Caldwell v. Hooker, County Judge

22 Okla. 712 · Supreme Court of Oklahoma · Nov 24, 1908

Section 20, art. 16, General Provisions of the Texas Constitution of 1875, provides that the Legislature shall at its first session enact a law, whereby the qualified voters of any county, justice precinct, town, or city, … It is the duty of the court to hold statutes constitutional and valid if it can consistently and reasonably be done; and, in view of this clearly established doctrine, we are of the opinion that such provision is made by

Price v. Walters

67 O.B.A.J. 1818 · Supreme Court of Oklahoma · May 21, 1996

The statement that Price “gouged consumers” is clearly a nonac-tionable “judgmental statement” which is “opinionative and not factual in nature.” Miskovsky v. … Importantly, the Restatement (Second) of Torts, § 581A, comment (f), provides: “It is not necessary to establish the literal truth of the precise statement made.

Pierce v. Gray

District Court, W.D. Oklahoma · Oct 8, 2025

The factual contentions are set out in separately numbered paragraphs, the causes of action are clearly labeled, and the allegations provide fair notice as to the basis of the claims. … And, because “immunity is justified and defined by the functions it protects and serves, not by the person to whom it attaches,” absolute judicial immunity “may extend to persons other than a judge where performance of

In Re Wallace

14 F.2d 534 · District Court, E.D. Oklahoma · Sep 10, 1926

And in ease of the confirmation of a composition after the trustee has qualified the court may allow him, as compensation, not to exceed one-half of one per centum of the amount to be paid the creditors on such composition … oil operator in his individual and personal capacity, he was selected to administer the valuable estate of the bankrupt, and it shall be the order of the court that the receiver herein be allowed the maximum commissions established

Muscogee (Creek) Nation v. City of Tulsa; Monroe Nichols IV, in his official capacity as Mayor of City of Tulsa; Dennis Larsen, in his official capacity as Chief of Police, Tulsa Police Department; Jack Blair, in his official capacity as City Attorney for City of Tulsa

District Court, N.D. Oklahoma · Mar 16, 2026

for intervention as a matter of right, and does not qualify for permissive intervention. … It also argues that, if it is joined (as it purportedly must be), the case must be dismissed on sovereign immunity grounds.

Warner v. Hillcrest Medical Center

914 P.2d 1060 · Court of Civil Appeals of Oklahoma · Sep 26, 1995

He alleged these defendants were in charge of establishing and overseeing the procedures used in the blood bank at Hillcrest. … Are you qualified or are you an expert witness in the area of blood banking? A. No. Larson went on in his deposition and expressed criticism of Drs.

Semet v. United States

253 F. Supp. 521 · District Court, E.D. Oklahoma · Apr 19, 1966

The Court knows and finds that Petitioner’s counsel was capable and qualified and that he rendered the Petitioner competent and prudent legal services in the circumstances. … With reference to Petitioner’s claim that he was unlawfully forced into a lineup, it is well established that a lineup is a permissible procedure. 21 Am. Jur.2d, Section 368, Criminal Law, page 391.

Jones v. Eagle-North Hills Shopping Centre, L.P.

478 F. Supp. 2d 1321 · District Court, E.D. Oklahoma · Mar 21, 2007

prevailing local hourly rates should apply. *1327 While ADA litigation may not be the most common in Oklahoma, the Court finds that this litigation is not so unusual or highly technical such that only out-of-state attorneys are qualified … Clearly, even the Plaintiff (himself a very educated and learned individual) should realize this was not adequate pre-suit notice.

State Ex Rel. King v. Rowe

149 Okla. 240 · Supreme Court of Oklahoma · Jun 9, 1931

Judge Chappell’s place is not vacant; he is still a Judge of the Criminal Court of Appeals, duly elected and qualified. … When once Special Judge Rowe was regularly appointed and qualified, the Governor’s power was exhausted unless and until a vacancy in the office occurred in the manner provided by law.’’

Chesser

District Court, W.D. Oklahoma · Aug 25, 2026

was contrary to or an unreasonable application of clearly established federal law. … the OCCA’s decision was contrary to or an unreasonable application of clearly established federal law.

Caulk v. Lowe

74 Okla. 191 · Supreme Court of Oklahoma · Nov 19, 1918

Clingan, deceased, Ott Caulk, her husband, was by the county' court of said county' appointed administrator of the said estate, and duly qualified and entered-upon his duties as such administrator. … It therefore clearly appears that the county court and district court had jurisdiction, and that the contention of proposition one is without merit. The great weight of the evidence shows that Judge K.

Bolton v. Scrivner, Inc.

836 F. Supp. 783 · District Court, W.D. Oklahoma · Nov 9, 1993

Plaintiff fails to establish such a connection regarding Goodpasture’s remarks. … Whether plaintiff is currently employed by Scrivner is clearly in dispute from the facts of this case and, therefore, must be resolved in favor of the plaintiff's position as the non-moving party for the purposes of this

Hale v. State

750 P.2d 130 · Court of Criminal Appeals of Oklahoma · Feb 25, 1988

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … He contends that the chart established his connection with the kidnapping because it contained notations showing, “Hale admits call.”

Cudjo v. State

67 O.B.A.J. 2716 · Court of Criminal Appeals of Oklahoma · Sep 9, 1996

Appellant contends the evidence established nothing more than a suspicion that he was in the Wewoka Food Center the night Paul Pierce was shot and the armed robbery was committed. … However, in light of our previous determination that the jury was improperly “death qualified,” this option is not available in this case.

Durell v. Public Service Co. of Oklahoma

174 Okla. 549 · Supreme Court of Oklahoma · Nov 12, 1935

Brockman was more nearly qualified as an expert, on this matter than was Mr. Avery. … At any rate, prices at isolated forced sales, and the average sale price to be arrived at from a combination of a great number of such sales, are so clearly similar in objectionable features as to make it inadvisable for

Cowan v. Kunzweiler

District Court, N.D. Oklahoma · May 7, 2020

To establish Article III standing, a plaintiff must demonstrate “(1) that he or she has suffered an injury in fact; (2) that the injury is fairly traceable to the challenged action of the defendant; and, (3) that it is … However, this relief is clearly retrospective in nature in that it is intended to remedy a past harm – an alleged wrongful conviction.

Comanche Nation v. Ware

District Court, W.D. Oklahoma · Sep 30, 2024

“[A] party seeking to assert a claim against the government . . . must . . . point to a specific waiver of immunity in order to establish jurisdiction.” Normandy Apartments, 554 F.3d at 1295. … Supp. 2d at 124-25 (“The NIGC clearly has the authority to enforce civil penalties against those who violate IGRA.