Case law

Ramsey v. Persinger

43 Okla. 41 · Supreme Court of Oklahoma · May 5, 1914

That at the general election to be held in the state of South Dakota on the first Tuesday after the first Monday in November, 1896, there shall be submitted to a vote of the qualified electors of the state of South Dakota … 58, proposing to amend the Constitution by adopting an additional section providing for calling elections in any county upon petition of sixteen per cent, of the total voters, etc., whereby such county could abolish or establish

Question Submitted by: The Honorable Justin Wood, State Representative, District 26

2016 OK AG 2 · Oklahoma Attorney General Reports · Feb 18, 2016

Blankenship rewrote the gist for the yellow ballot, clarifying that the constitutional amendment "establish[ed] [sic] Judicial Nominating Commission, selection of members, and fixing members' qualifications, tenure, powers … Those provisions clearly and expressly grant to the Commission three distinct powers. A.

Rodriguez

District Court, W.D. Oklahoma · Sep 9, 2026

“Where Congress has not clearly required exhaustion,” making it nonjurisdictional, “sound judicial discretion governs.” McCarthy v. … Respondents, though, have not established an Oklahoma conviction for either offense qualifies as an offense for “a crime involving moral turpitude.”

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.

Securities & Exchange Commission v. Gordon

822 F. Supp. 2d 1144 · District Court, N.D. Oklahoma · Sep 28, 2011

The SEC responds that a civil fine is remedial in nature and does not qualify as a criminal punishment. Dkt. # 100, at 7. … Palmisano, 135 F.3d 860, 865-66 (2d Cir.1998) (applying the Hudson factors and rejecting argument that civil penalty qualified as a criminal punishment); SEC v.

Smith v. Baptist Foundation of Oklahoma

73 O.B.A.J. 1865 · Supreme Court of Oklahoma · Jun 25, 2002

Further, the trial court found that no grounds were established for the recovery of premiums paid on certain life insurance policies purchased in conjunction with the establishment of the trust. … We need not determine whether, under different circumstances, lost premiums might qualify as consequential damages.

Seal v. Corporation Commission

725 P.2d 278 · Supreme Court of Oklahoma · Sep 9, 1986

Seal initially maintains the quoted language creates two distinct classes of owners qualified to assume the obligation — lessees in units not subject to force pooling and operators of force pooled units. … We believe the Legislature in enacting Section 545 clearly incorporated the time frame provisions of Section 540 into the gas balancing scheme.

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.

Aetna Accident & Liability Co. v. Langley

68 Okla. 283 · Supreme Court of Oklahoma · May 14, 1918

Langley as the guardian of the person and estate of the said minor, and he duly qualified as such. The amount adjudged to be due by the said Samuel L. … The release, in any event, then is valid only in so far as it discharged the surety from liability for subsequent defaults of the guardian, but is clearly void in so far as it purports to release from the guardian’s previous

Theron v. Board of County Commissioners

District Court, W.D. Oklahoma · Sep 26, 2024

a less-qualified employee. … established public policy.

Atain Speciality Insurance v. Tribal Construction Co.

912 F. Supp. 2d 1260 · District Court, W.D. Oklahoma · Dec 14, 2012

is not owned by or rented or loaned to you or any insured. (5) “Bodily injury” or “property damage” arising out of: (A) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify … However, the Court will not “impose coverage where the policy language clearly does not intend that a particular individual or risk should be covered.” Id.

Lynn v. Rainey

400 P.2d 805 · Supreme Court of Oklahoma · Feb 23, 1965

The evidence fairly establishes the matters hereinafter related. … Such conclusion is unwarranted, erroneous and clearly against the weight of the evidence which establishes the entire lack of drainage from the lake prior to 1951.

Quillen v. State

163 P.3d 587 · Court of Criminal Appeals of Oklahoma · Jun 14, 2007

However, language contained in Jewell , and relied upon by this Court to establish the "merger doctrine", was not contained in the statute. … So, this decision does not even comply with the rule ultimately established under the English Common Law.

Lewis v. Steward

204 Okla. 349 · Supreme Court of Oklahoma · Apr 10, 1951

of the trial court, so far as it awarded the plaintiffs a recovery for royalty other than the royalty on carload lots of coal, which concededly were paid to and accepted by them, is not supported by the evidence, and is clearly … We consider this contention well taken, for the reason that from the record there is no evidence establishing that the squeeze of mine No. 12 was due to the improper operation of mine No. 11.

Johnson v. Hillcrest Health Center, Inc.

74 O.B.A.J. 655 · Supreme Court of Oklahoma · Feb 18, 2003

to establish the cause of an objective injury where there is other competent evidence to establish the cause with reasonable certainty.]; See, Strubhart v. … Porter is clearly distinguishable from the present cause on its facts.

WOOD v. MERCEDES-BENZ OF OKLAHOMA CITY

336 P.3d 457 · Supreme Court of Oklahoma · Jul 16, 2014

This has been the common law approach ever since landlord's sovereignty and immunity for acts done within the boundaries of his land gradually gave away to present-day civil accountability. … Melvin Simon & Assoc., Inc., 1994 OK 68, ¶ 6 , 876 P.2d 239 ("It is well established that a landowner has no duty to warn of dangers that are open and obvious."); Turner v.

Atchison, T. & S. F. Ry. Co. v. Cozart

59 Okla. 136 · Supreme Court of Oklahoma · Jun 13, 1916

The evidence further established that the plaintiff had made some inquiry in regard to whether or not the wheat had been weighed in transit; but it clearly appeared from the evidence that, very shortly after the receipt of … ) to the Interstate Commerce Act (Act Feb. 4, 1887, c. 104, sec. 20, 24 Stat. 383 ), with relation to this provision: ■ “The liability imposed by the Carmack Amendment is that of the common law, and it may be limited or qualified

In Re Amendment of Title 20, Chapter 20, Appendix 1

271 P.3d 776 · Supreme Court of Oklahoma · Nov 17, 2009

furnished written materials which meet the requirements set forth above. $) Approval for credit may be granted for computer-based or other technology-based continuing education programs which otherwise meet the criteria established … Any evidence offered on behalf of the complainant or the court reporter respondent shall be received and considered unless clearly irrelevant to the proceedings.

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.

Hooks v. Workman

693 F. Supp. 2d 1280 · District Court, W.D. Oklahoma · Feb 26, 2010

Petitioner has not demonstrated the OCCA’s determination to be contrary to, or an unreasonable of, clearly established law as determined by the Supreme Court. … Prater, or more importantly, that the OCCA’s determination was contrary to, or an unreasonable application of, clearly established federal law. 3.