Case law

Schiffman v. Cimarron Aircraft Corp.

615 F. Supp. 382 · District Court, W.D. Oklahoma · Aug 8, 1985

Defendant, Cimarron Aircraft, qualifies as an “employer” under the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Plaintiff was employed by Defendant from 1979 until sometime in 1981. … Does the decision establish a new principle of law, either by overruling clear past precedent on which litigants may have relied or by deciding an issue of first impression whose resolution was not clearly foreshadowed?

Burks v. Walker

25 Okla. 353 · Supreme Court of Oklahoma · Dec 14, 1909

That portion of the section reading “and such other courts, commissions or boards, inferior to the Supreme Court, as may be established by law” clearly contemplates and provides that a portion of the judicial power of the … resolution and submit the question whether such court should be established to the qualified voters of the city and two thirds of the votes cast thereon were in favor of the establishment of the court, was held not to be

STRIPLING v. DEPT. OF PUBLIC SAFETY

486 P.3d 21 · Court of Civil Appeals of Oklahoma · Sep 16, 2020

Clearly erroneous in view of the reliable, material, probative and substantial competent evidence; 6. Arbitrary or capricious; 7. Procured by fraud; or 8. Missing findings of fact on issues essential to the decision. … which the issue could be reasonably resolved," and "[i]n cases before the Commission involving the testimony of expert witnesses, a factual finding is supported by substantial evidence when the evidence is offered by a qualified

DEO v. PARISH

541 P.3d 833 · Court of Criminal Appeals of Oklahoma · Dec 14, 2023

HUDSON, VICE PRESIDING JUDGE, DISSENTING: ¶1 The majority's approach in this case raises more questions than answers and is contrary to clearly established Federal law as determined by the Supreme Court of the United States … Nothing in Castro-Huerta displaces these pronouncements and they clearly apply to this case.

Rhoades v. Stitt

District Court, W.D. Oklahoma · Mar 30, 2023

Where the undisputed facts establish that a plaintiff cannot prove an essential element of a cause of action, the defendant is entitled to judgment on that cause of action. … By separate order the Court denied qualified immunity to Governor Stitt and because Defendants so limited their arguments, the Court has no additional basis on which to grant summary judgment.

Oklahoma Tax Commission v. Smith

610 P.2d 794 · Supreme Court of Oklahoma · May 5, 1980

Lastly, there was argued no authority to establish a taxpayer’s “right” to any deduction save Legislative grace. … in the same definitional section as the definition above states that “any term used in this act shall have the same meaning as when used in a comparable context in the Internal Revenue Code, unless a different meaning is clearly

Brown v. Graham

District Court, E.D. Oklahoma · May 17, 2021

The Court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.

Opinion No. (1992)

Oklahoma Attorney General Reports · Jul 14, 1992

It also authorizes the trustees to establish an investment committee to advise the trustees concerning the selection of investment managers and to make recommendations concerning investment guidelines and policy. Id. … The Duty of Care, Skill, Prudence and Diligence. ¶ 18 The general rule has long been that public officials are accorded immunity from suit so long as they are acting in good faith and not willfully or maliciously.

Keeter v. State Ex Rel. Saye, Co.

82 Okla. 89 · Supreme Court of Oklahoma · May 31, 1921

But in doing this, they preserve the historical jury of twelve men, with all its incidents, unless a contrary purpose clearly appears.’ (Cooley’s Constitutional Limitations, 589). … The same act authorized the establishment of an organized territorial government in Oklahoma Territory.

In Re Groves'estate

321 P.2d 381 · Supreme Court of Oklahoma · Jun 11, 1957

Both doctors testified that the doctors in attendance upon deceased were better qualified to determine the mental capacity of deceased than were they who had not seen him. … Before considering the evidence which we think is decisive of the issues here presented, we first consider the established principles of law pertinent to testamentary capacity.

PENA v. STATE

2026 OK CR 8 · Court of Criminal Appeals of Oklahoma · Feb 19, 2026

He maintains the State relied on general indicators and drug courier profiling to establish the missing proof. … Although some of this testimony would arguably qualify as drug courier profile evidence as defined by at least some of the cases relied upon by Pena, the labeling of the testimony is not the proper inquiry.

Lambert v. State

984 P.2d 221 · Court of Criminal Appeals of Oklahoma · Apr 14, 1999

We clearly had appellate authority over the robbery convictions and clearly expressed that the district court could abrogate those convictions should Lambert be convicted of felony murder. ¶ 16 Lambert also seeks a constricted … However, § 801 specifically provides, and McArthur specifically recognizes, that an imitation firearm, like the BB gun at issue here, does qualify as a dangerous weapon sufficient to satisfy the requirements of the statute

PTS Healthcare, Inc. v. Mid-Century Insurance Co.

171 P.3d 924 · Court of Civil Appeals of Oklahoma · Sep 26, 2007

The statute is clearly a provision for protection of the public and has no application to persons with doctoral degrees in other professions. … In other words, only an individual, and no other entity, could qualify for a Section 46 lien under the Majority's interpretation. ¶ 4 Section 46 is to be liberally construed.

Board of County Com'rs v. Eastern Oklahoma Pub. Co.

120 Okla. 122 · Supreme Court of Oklahoma · May 4, 1926

W. 80 , involving a similar question, the Supreme Court of Minnesota, held: “There was no change in the general appearance of the paper, and we are clearly of the opinion that its legal indentity was preserved. … Stewart (Pa.) 2 Watts. 111, the Supreme Cc-urt of Pennsylvania held; “The subscription list of a newspaper is not the subject of a separate property, but an incident of the establishment which passes with the sale of the

Isle v. Brady

288 P.3d 259 · Court of Civil Appeals of Oklahoma · Oct 4, 2012

reasonable compensation "taking into consideration 'the services rendered and the responsibilities assumed. " T 32 In the absence of trust terms or statutory provisions setting compensation guidelines, Oklahoma law is not well-established … Id. at 111 , 65 P.3d at 599 (quoted citation omitted). 142 Mike asserts Loeber qualifies as an expert under the Daubert standard.

National Diversified Business Services, Inc. v. Corporate Financial Opportunities, Inc.

68 O.B.A.J. 1167 · Supreme Court of Oklahoma · Apr 1, 1997

CFO and National entered into a written contract (entitled broker agreement), dated February 22, 1991, by which CFO agreed to furnish National with services, information, and materials for the establishment' of a brokerage … The precluded issue in National I clearly targets the contract-based relationship that limited litigation to the situs prescribed in that document.

Fronczak v. WARDEN, EL RENO REFORMATORY, ETC.

431 F. Supp. 981 · District Court, W.D. Oklahoma · Jun 21, 1976

The Board does not function as an adversary of the prisoner, and it has an interest in releasing those who qualify for parole. Menechino v. … Thus, while parole revocation and prison discipline are clearly within the ambit of the Due Process Clause of the Fifth and Fourteenth Amendments, the mere expectation of parole release while still in otherwise lawful custody

Cato v. Hargrove

District Court, N.D. Oklahoma · May 27, 2020

Humphrey, 512 U.S. 477 (1994), bars plaintiff’s Fourth Amendment claims, (3) defendants are entitled to qualified immunity, and (4) the facts alleged do not support a claim for punitive damages. … immunity or their argument that plaintiff fails to state a claim for punitive damages.

Boyer v. State

68 Okla. Crim. 220 · Court of Criminal Appeals of Oklahoma · Dec 21, 1939

the day and year aforesaid, then and there being, while acting conjointly and together, did then and there willfully, unlawfully and feloniously sell, utter, exchange, deposit and file with Helen Nix, the duly elected, qualified … The testimony was clearly competent. State *244 v. Rule, 11 Okla. Cr. 237 , 144 P. 807 ; Harrell v. State, 43 Okla. Cr. 278 , 278 P. 404 .” The text of 23 Am.

Thomas v. Oklahoma Department of Corrections

District Court, E.D. Oklahoma · Aug 8, 2023

Stat. tit. 51, § 152.1, and § 1983 does not abrogate states’ sovereign immunity, see Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989). … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.