Case law

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.

IN RE ADOPTION OF 2016 REVISIONS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-CRIMINAL

2016 OK CR 11 · Court of Criminal Appeals of Oklahoma · Jun 1, 2016

First, the law is clearly settled in Oklahoma that the M'Naghten Test is the correct test for insanity. … First, the law is clearly settled in Oklahoma that the M'Naghten Test is the correct test for insanity.

Bridges, II v. Louthan

District Court, E.D. Oklahoma · Aug 19, 2022

“Section 1983 provides a federal civil remedy for the ‘deprivation of any rights, privileges, or immunities secured by the Constitution’ by any person acting under color of state law.” McCarty v. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, only one side of the paper may be used, and additional sheets of paper shall have margins of no less than one (1) inch on the top, bottom

Phillips v. United States

District Court, E.D. Oklahoma · Feb 27, 2024

The discretionary function exception of the FTCA maintains sovereign immunity when employees perform a discretionary action on behalf of the Government. See Anthony v. United States, 2020 WL 5974583, *2 (D. Ariz. … The CNMS pursuit policies clearly apply to and prohibited a pursuit in this situation. Deputy Oosahwee engaged Mr. Catron in a pursuit, in which Mr.

Kratz v. Kratz

905 P.2d 753 · Supreme Court of Oklahoma · Nov 6, 1995

established that the lien right does attach, the statute’s enforcement provisions are to be accorded liberal construction. 9 III THE PLAIN AND ORDINARY MEANING OF THE LANGUAGE IN 42 O.S.1991 § 43 MANDATES THAT THE HOSPITAL … elevates substance over form. 16 UM proceeds, which represent in essence “personal injury recovery” collected by a vehicular tort victim under a different verbal wrap, must be treated as a legal analogue of the critical' qualifying

Peabody Galion Corp. v. Workman

643 P.2d 312 · Supreme Court of Oklahoma · Mar 23, 1982

In Goodrich we said that § 3(11) clearly and unambiguously reveals that permanent partial disability to a scheduled member under § 22(3) is excepted from the statutory provision by which AMA Guides are made the basis for … In cases in which evaluation of disability depends on expert medical opinion, an award must be supported by competent evidence. 4 The claimant’s medical expert, while not a specialist, was qualified under 85 O.S.Supp.1977

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.

CHARLES SANDERS HOMES v. COOK & ASSOCIATES

465 P.3d 1278 · Court of Civil Appeals of Oklahoma · May 14, 2020

matter and promising to make a fair and impartial estimate of the real value of the property; (3) There is no evidence that any of the three individuals appointed by the sheriff was a professional appraiser or otherwise qualified … Id. ¶22 Oklahoma's statutory procedure clearly authorizes the sheriff to sell the property for two-thirds of the value reported by the three individuals appointed by the sheriff. 12 O.S.2011 § 762.

Jacobs Ranch, L.L.C. v. Smith

148 P.3d 842 · Supreme Court of Oklahoma · May 23, 2006

In City of Enid , the number of cities which fell into the classification was immaterial because the test for constitutionality is not numerical, but rather whether the classification is clearly capricious, arbitrary, and … Supp.2005 § 3604 (Permitting municipalities with a population of less than 100,000 to receive up to 25% of the amount of a payment to a qualified establishment in the municipality under the Oklahoma Quality Jobs Program Act

Equal Employment Opportunity Commission v. Unit Drilling Co.

4 F. Supp. 3d 1257 · District Court, N.D. Oklahoma · Nov 1, 2013

The statute “establishes a comprehensive administrative procedure whereby the parties involved, including the EEOC, have the fullest opportunity to resolve charges of discrimination without resorting to the courts.” … Clearly, the threat of a national class action is a greater incentive to conciliate....”).

Haddox v. Central Freightlines, Inc.

District Court, N.D. Oklahoma · Sep 25, 2025

Moore’s testimony concerning the location of the southbound traffic is clearly in error.”  “Mr. Haddox had his headlight illuminated upon approach. … Tyson Foods, Inc., 565 F.3d 769, 780 (10th Cir. 2009) (“[W]hen experts employ established methods in their usual manner, a district court need not take issue under Daubert; however, where established methods are employed

Cox Oklahoma Telecom, LLC v. State Ex Rel. Oklahoma Corp. Commission

164 P.3d 150 · Supreme Court of Oklahoma · Jul 3, 2007

Installation of DSL Technology 70 inn Rural Central Offices [ 52 In determining whether a telecommunications service is competitive and hence qualifies for Basket 4 pricing flexibility, Section 10.1 directs the Commission … As appellants correctly point out, there was no evidence whatsoever establishing the LRIC price floor for any of SBC's services.

FREDERICK v. STATE

400 P.3d 786 · Court of Criminal Appeals of Oklahoma · May 25, 2017

She had received a blow which made it impossible for her to move on her own and see clearly. … An abuse of discretion is any unreasonable or arbitrary action taken without proper consideration of the facts and law pertaining to the matter at issue or a clearly erroneous conclusion and judgment, one that is clearly

Cardtoons, L.C. v. Major League Baseball Players Ass'n

838 F. Supp. 1501 · District Court, N.D. Oklahoma · Nov 23, 1993

This clearly involves a dispute respecting the construction and effect of the First Amendment. … See also, Young, supra (“Clearly when only money is at stake, there can be no irreparable injury.”)

Hurlbut v. Morrow

73 O.B.A.J. 2511 · Court of Civil Appeals of Oklahoma · Aug 9, 2002

The findings and determination of a court in equity will not be reversed unless clearly against the weight of *461 the evidence. McClain v. … This is, however, a mere assertion by Morrow because he fails to direct us to other evidence of record to establish that hunting quality increased the property's value.

Davis v. Whitsett

435 P.2d 592 · Supreme Court of Oklahoma · Dec 19, 1967

Incidentally, a duly qualified expert who-had examined the tank involved herein, both outside and inside, about a week after the explosion, testified that no hole had been, burned through the steel of the tank, and that in … In this case if the plaintiff relied, for his cause of action, upon the defendants’' breach of a custom which required the latter to steam clean a recently used oil tank before permitting a welder to work on it,, then clearly

Dardenne v. Daniels

101 Okla. 201 · Supreme Court of Oklahoma · Mar 11, 1924

It is to be observed the ward himself is the plaintiff, and it is so clearly alleged therein, although he proceeds by acting through his guardian. … Mann appointed and qualified as his guardian, said judgment adjudging said Abram Dardenne, Jr.t to be an incompetent person and appointing said guardian having been made on November 24, 1922.

Haynes v. Pierce

6 F. Supp. 403 · District Court, W.D. Oklahoma · Feb 28, 1934

No one was permitted to vote who was not a qualified voter of said town of Covington. … Spaulding, supra, the court, in the body of the opinion also said: “The evidence fairly establishes that this bank was in good credit up to the time of its failure.

Question Submitted by: Lyle R. Kelsey, Executive Director, Oklahoma Board of Medical Licensure & Supervision

2024 OK AG 3 · Oklahoma Attorney General Reports · Feb 22, 2024

That section grants physician assistants a general authority to "prescribe drugs, including controlled medications in Schedules II through V[,]" but expressly qualifies in the next subsection that "[a] physician assistant … As the Oklahoma Supreme Court has made clear: "[w]here a matter is addressed by two statutes--one specific and the other general--the specific statute, which clearly includes the matter in controversy and prescribes a different

Glenn v. Payne

48 Okla. 196 · Supreme Court of Oklahoma · Jun 15, 1915

Glenn, deceased, died January 22, 1909. (4) That Mary Kline Glenn was appointed and qualified as the administratrix in March, 1909. (5) That no summons in said action was served either in person or by publication upon J. … The new rule to which we refer, established in this state, is laid down in Boyes et al. v. Masters et al., 28 Okla. 409 , 114 Pac. 710 , 33 L. R. A. (N. S.) 576.