Case law

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.

Territory of Oklahoma Ex Rel. Riddings v. Neville

10 Okla. 79 · Supreme Court of Oklahoma · Mar 23, 1900

(General Statutes of Missouri, ch. 36,) gives the county court power to proceed under a petition of one-fourth of the voters of the county to order the question of a removal of the seat of justice to be submitted to the qualified … The Organic Act was passéd to give it a government, and it was a very thoughtful and convenient thing for congress to establish counties in these lands.

New Gaming Systems, Inc. v. National Indian Gaming Commission

896 F. Supp. 2d 1093 · District Court, W.D. Oklahoma · Sep 13, 2012

The Nation then moved to dismiss this action on the basis of sovereign immunity and issue preclusion. The court denied the motion following a hearing on December 2, 2011. … The court “review[s] matters of law de novo and will defer to the agency’s construction of the [statute] if Congress has not clearly spoken on the issue before [the court] and has delegated authority over the subject at issue

OLIVER v. STATE

516 P.3d 699 · Court of Criminal Appeals of Oklahoma · Aug 11, 2022

. ¶13 A witness may be "qualified as an expert by knowledge, skill, experience, training or education[.]" 12 O.S.Supp.2013, § 2702 Harris v. State , 2004 OK CR 1 84 P.3d 731 See also Salazar v. … Is this a clearly erroneous application of the statute? I still think not. ¶4 The complainant was forcibly strangled with a ligature.

C-P Integrated Services, Inc. v. Muskogee City-County Port Authority

215 P.3d 835 · Court of Civil Appeals of Oklahoma · Feb 20, 2009

"If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training … "Damages are certain within the meaning of § 6 if they are liquidated or capable of ascertainment before judgment through calculation by resort to well-established market values" Taylor v. State Farm Fire and Cas.

Retail Marketing Co. v. Northwest National Bank (In Re Mako, Inc.)

120 B.R. 203 · United States Bankruptcy Court, E.D. Oklahoma · Sep 5, 1990

The Liquidating Trustee was established to accept all assets of the estate and transfer these assets to RMC. … This office was established to pursue certain limited adversarial actions.

Surety Bail Bondsmen of Oklahoma, Inc. v. Insurance Commissioner

243 P.3d 1177 · Supreme Court of Oklahoma · Nov 2, 2010

These two amendments to section 1820(B) are tied to writing bonds and clearly show the Legislature's intent to limit a professional bondsman acting as a surety to writing on no more than ten defendants a year in any county … bondsman properly qualified and approved by the Insurance Commissioner; or (3) A cash bondsman; or (4) A property bondsman; or (5) A natural person who has reached the age of twenty-one (21) years, a citizen of the United

Lewis v. AT&T Mobility Services, LLC

District Court, N.D. Oklahoma · Jun 27, 2025

mental limitations of an otherwise qualified individual with a disability.”). … Counsel clearly responded that Plaintiff had an actual disability under § 12102(1)(A), though later in the hearing counsel referenced Plaintiff being regarded as having a disability.

Malone v. Herndon

197 Okla. 26 · Supreme Court of Oklahoma · Mar 6, 1945

submitted to said judge are not approved, or the entire membership of the trustees becomes vacant, then and in such case, the said judge is authorized on his own motion to appoint such person or persons as he deems fit and qualified … It is also important to observe that the intention of the testator need not be declared in express terms in the will, but it is sufficient if it can be clearly inferred from the particular provisions. 28 R.C.L. 218, par.

Rex Oil Refining, Inc. v. Shirvan

443 P.2d 82 · Supreme Court of Oklahoma · Jul 9, 1968

Both plaintiff and the individual defendants devote argument to the proposition of whether or not the narrated evidence and other evidence established a mining partnership between them. … 656 , we find the following statements: “As heretofore stated by this court, the rule that an outstanding title acquired by a tenant in common is presumed to be for the common benefit is not an absolute rule, and may be qualified

Public Service Co. of Oklahoma v. Northwest Rogers County Fire Protection District

675 P.2d 134 · Supreme Court of Oklahoma · Jan 10, 1984

An attempt by the District to levy ad valorem tax in contravention of § 9 clearly would be unconstitutional. The District asserts no ad valorem tax was levied. … We deem fire protection districts established under the Act to be similar to sewer improvement districts in Arm strong.

Grayhorse Energy, LLC v. Crawley Petroleum Corp.

245 P.3d 1249 · Court of Civil Appeals of Oklahoma · Jul 29, 2010

However, a pooling order, or other OCC order, does not immunize the operator, or other parties connected to the pooling order, from lawsuits in the district courts. … However, Woods is clearly distinguishable.

Todd v. Oklahoma State Democratic Central Committee

361 F. Supp. 491 · District Court, W.D. Oklahoma · Jun 29, 1973

At the precinct level all duly qualified Democrats of the precinct are permitted to vote. … It follows that the case is clearly distinguishable from the case at hand. Likewise the holding in Grimes v.

Royal American Oil & Gas Co. v. Szafranski (In Re Szafranski)

147 B.R. 976 · United States Bankruptcy Court, N.D. Oklahoma · Dec 10, 1992

But a bankruptcy court could issue such a qualified discharge only if that court knew of the qualification in time to build it into the discharge. … Issuance of a special qualified or limited discharge by the bankruptcy court was now unnecessary.

McCarty v. State

66 O.B.A.J. 2791 · Court of Criminal Appeals of Oklahoma · Sep 12, 1995

Appellant next contends that all three statements were given involuntarily because they were obtained by threats and conditioned upon promises of immunity, fair deals and leniency. … Other statements made by Gilchrist in response to questions posed by defense counsel and the prosecutor clearly demonstrated the limited value of hair comparison evidence.

In Re Pelter

64 B.R. 492 · United States Bankruptcy Court, W.D. Oklahoma · Sep 12, 1986

Whether the agricultural equipment qualifies as exempt property under Okla.Stat. tit. 31, § l.A.5. is not an issue in this case. Debtors assert a exemption claim which First does not contest. … Each state granted the federal government authority to enact uniform laws of bankruptcy: Section 8.[1] The Congress shall have Power [[Image here]] To establish ... uniform Laws on the subject of Bankruptcies throughout the

Steph v. Branch

255 F. Supp. 526 · District Court, E.D. Oklahoma · Jun 22, 1966

MEMORANDUM OPINION This is a suit brought by the plaintiff as the duly qualified Trustee in Bankruptcy of the Chickasaw Lumber Company of Duncan, Oklahoma, an Oklahoma Corporation, a bankrupt, hereafter called *528 the Bankrupt … It was also clearly established by this witness, through testimony and charts, that the Bankrupt became insolvent as defined by Section 67d(l) (d), of the Bankruptcy Act 1 on May 1, 1963, at which time its debts, including

Oklahoma Turnpike Authority v. Kitchen

337 P.2d 1081 · Supreme Court of Oklahoma · Mar 10, 1959

This contention is clearly supported by the fifth paragraph of the syllabus in Alexander v. … Its sole argument in this respect is that there was a total lack of evidence tending to establish such fact. We agree.

JP Energy Mktg., LLC v. Commerce & Indus. Ins. Co.

412 P.3d 121 · Court of Civil Appeals of Oklahoma · Mar 20, 2017

We will not impose coverage where the policy language clearly does not intend that a particular individual or risk should be covered. BP Am., Inc. v. State Auto Prop. & Cas. Ins. … The scope of services was to be established in task orders from IPS.

Trumbower v. Sports Car Club of America, Inc.

428 F. Supp. 1113 · District Court, W.D. Oklahoma · Aug 12, 1976

The intent could hardly be expressed more clearly. … The Court finds no Oklahoma case which establishes a test for determining relative bargaining power.