Case law

Ibarra v. Lee

District Court, N.D. Oklahoma · Sep 30, 2025

Clark clearly states that he is speaking of training standards, content, and Deputy Lee’s compliance therewith, there will be no jury confusion. The Court will not exclude Mr. … Clark is not qualified to render expert testimony on medical issues. Specifically, Defendants challenge Mr.

Opinion No. (2004)

Oklahoma Attorney General Reports · Dec 15, 2004

Where a provision is not self-executing the Legislature may act to implement the Constitution, and may qualify, construe or extend its provisions. See Indep. Sch. Dist. No. 9 v. Glass, 639 P.2d 1233 , 1238 (Okla. 1982). … But a member of the Board clearly exercises considerable control over DEQ's financial activities by virtue of oversight of the DEQ budget request to the Governor, by establishing DEQ policies (and programs) through rulemaking

Sappington v. Board of Com'rs of Jefferson County

134 Okla. 253 · Supreme Court of Oklahoma · Nov 13, 1928

Sappington is the duly elected, qualified and acting county treasurer of Jefferson county, Okla., and as such is the Officer having the care and custody of the funds of the common school district of Jefferson county, Okla … S. 459 , Chief Justice Waite delivering the opinion, as follows: “According to the rule established in Brewer v.

DiMauro v. Oklahoma State Board of Medical Examiners

769 P.2d 759 · Supreme Court of Oklahoma · Feb 28, 1989

In such event, the Board action will clearly state the basis upon which such exceptions have been made and you will be notified by mail. … Today's decision affirming the Board establishes precedent for the potentially arbitrary and capricious use of authority by the Board.

World Pub. Co. v. United States

72 F. Supp. 886 · District Court, N.D. Oklahoma · May 16, 1947

(Clearly this is so where all the stock except qualifying shares is owned by one stockholder. Helvering v. National Grocery Co., supra; Helvering v. Chicago Stock Yards Co., supra; and see Universal Steel Co. v. … At about this time, to house its printing establishment, a five-story building was erected, known as the World Building. This was raised to nine stories in 1927.

Board of Com'rs of Muskogee County v. Fink

60 Okla. 67 · Supreme Court of Oklahoma · Feb 8, 1916

The land has been sold, with the assent of the state, with all its privileges and immunities. The purchaser succeeds, with the assent of the state, to all the rights of the Indians. … When the state of Ohio came into the Union, an act was passed establishing a university, vesting the lands in a corporation consisting of the president and trustees ‘‘for the sole use, benefit, and support of the university

Independent - Eastern Torpedo Co. v. Price

208 Okla. 633 · Supreme Court of Oklahoma · Mar 10, 1953

This general rule is clearly set forth in the case of American Glycerin Co. v. Eason Oil Co., 98 F. 2d 479 , and later approved in Worcester v. Pure Torpedo Co., 127 F. 2d 945 . … It is necessary to plead defenses which assume or admit the original cause of action alleged, but which are based upon subsequent facts or transactions which go to qualify or defeat it, and defenses which are analogous to

Kunneman Properties LLC v. Marathon Oil Company

District Court, N.D. Oklahoma · Jan 14, 2021

The party asserting the privilege bears the burden of establishing the privileged status of the communication. Chandler, 741 P.2d at 865; Motley v. … Ocelot Oil Corp., 847 F.2d at 1464 (“The clearly erroneous standard applies to factual findings . . .

Caldwell v. Traub

172 Okla. 12 · Supreme Court of Oklahoma · Apr 23, 1935

The purpose of the section and its application, as this coxxrt now holds, is clearly expressed by the Supreme Court of Kansas, from which state said statute was adopted, as early as 1004, in the case of Shanks et al. v. … The contention of plaintiffs in error that the defendant justice refused to take action upon their application to retax costs cannot be accepted as a fact not qualified by what occurred, as appears in the excerpts from plaintiffs

De Graff v. State

2 Okla. Crim. 519 · Court of Criminal Appeals of Oklahoma · Jul 29, 1909

The fact ought to have been established by testimony.” … No form of procedure is established in the Constitution as to how this shall be done in misdemeanors.

In Re the Oklahoma Capitol Improvement Authority

69 O.B.A.J. 1183 · Supreme Court of Oklahoma · Mar 20, 1998

Court said: “Where a person or entity enters into a valid contract with the proper State officials and a valid appropriation has been made therefore, the State has consented to be sued and has waived its governmental immunity … The Legislature further declares that there exists a need to establish such minimal oversight to protect the public welfare of the State of Oklahoma.” .

Laca v. United States

District Court, N.D. Oklahoma · Sep 16, 2024

The Court finds that it is not unjust to award expenses when a party participated in discovery despite any claims of immunity and that the Government has waived any objections based on that immunity. … its own sovereign immunity.

In Re Klaus

228 B.R. 475 · United States Bankruptcy Court, N.D. Oklahoma · Jan 11, 1999

Burden of Proof The burden of proof is upon the objecting party (in this case, Kirtley) to establish by a preponderance of the evidence that an exemption was not properly claimed. … the usual sense; the realty itself serves as a source of income for its owner; much or most of its total value is attributable to its business, rather than its homestead, function; identifiable portions of the realty are clearly

Woodie v. Arney

75 O.B.A.J. 1540 · Court of Civil Appeals of Oklahoma · Apr 27, 2004

Evidence would establish that Ayres came to think of the Kimbles as her “kids.” In March 1995, Ayres asked Mr. … Testimony would establish that during this meeting Ayres was dressed neatly, acted alertly and seemed in control of the discussion.

Collins v. Board of County Commissioners of Nowata County

District Court, N.D. Oklahoma · Jun 6, 2023

To establish a prima facie case of disability discrimination under the ADA, Mr. … Collins clearly alleges he lost his left hand in an accident as a child. [Doc. 22, p. 1, ⁋ 3]. The absence of Mr.

Town of Haskell v. Edmonds

90 Okla. 44 · Supreme Court of Oklahoma · Apr 10, 1923

This court, has heretofore announced as a principle of law that a statute will not be declared unconstitutional unless its unconstitutionality is clearly established. City of Pond Creek v. … Tbe act itself provides the date the election should be held, who were qualified voters, to whom the return of the election should be made, who should canvass the ballots, and provided for issuance of the certificates of

In re Four Seasons Securities Laws Litigation

63 F.R.D. 422 · District Court, W.D. Oklahoma · Jul 10, 1974

D.L. 55 classes, established by the order of September 21, 1972, except by those who had filed timely requests to be excluded from the classes. … Elaborate discovery was conducted in the M.D.L. 55 actions in an effort to determine what class or classes should be established.

Chapman v. Tiger

356 P.2d 571 · Supreme Court of Oklahoma · Aug 2, 1960

In other words, as to that class of heirs the restrictions are not removed but merely relaxed or qualified to the extent of sanctioning such conveyances as receive the court’s approval. … Inasmuch as it clearly appears from the record that the original judgment for plaintiff was contrary to the law and evidence, we hold that the trial court did not err in sustaining defendants’ motion for new trial.

ACCIDENT CARE AND TREATMENT CENTER v. CSAA GENERAL INSURANCE CO.

483 P.3d 1 · Court of Civil Appeals of Oklahoma · Dec 30, 2020

Once it becomes clearly established that the lien right attaches, the statute's enforcement provisions are to be accorded a liberal construction. Id. ¶ 14 (footnotes omitted). ¶25 However, in Balfour v. … The 2018 amendment qualified what must be filed; a statement of the amount claimed rather than an itemized statement of the amount claimed.

STATE v. NELSON

2015 OK CR 10 · Court of Criminal Appeals of Oklahoma · Sep 18, 2015

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." Neloms v. … The right was judicially established in 1666 in the Hopkin Huggett's Case, 84 Eng. Rep. 1082 (K.B. 1666).