Case law

Fields v. Volkswagen of America, Inc.

555 P.2d 48 · Supreme Court of Oklahoma · Jul 27, 1976

Where plaintiff’s theory does not depend upon the defect described in the letter the recall evidence is clearly irrelevant. … The Texas court recog *61 nized the great latitude allowed counsel in discussing evidence and issues but qualified the privilege by saying that he must remain within the record.

State Ex Rel. Department of Transportation v. Pile

603 P.2d 337 · Supreme Court of Oklahoma · Nov 13, 1979

The definitions clearly refer to what is generally thought of as commercial advertising. … Roadside advertising in scenic areas is detrimental to the appearance of these areas and is inconsistent with the purpose for which these areas were established."

In Re Initiative Petition No. 27 of Oklahoma City

74 O.B.A.J. 3490 · Supreme Court of Oklahoma · Dec 9, 2003

Merrill, supra, that clearly hold otherwise. … A protest filed by anyone, if abandoned by the party filing it, may be revived within five (5) days by any other qualified elector.

ALBURTUS v. INDEPENDENT SCHOOL DISTRICT No. 1 OF TULSA COUNTY

469 P.3d 742 · Court of Civil Appeals of Oklahoma · May 29, 2020

School asserted it was immune from suit because Appellants failed to give the notice required under the Governmental Tort Claims Act (GTCA). … Clearly School had notice of the claim when it paid for his property damage because, as noted above, "(a) board of education is aware of monetary claims against the school district because the board has a legal obligation

Clarke v. Bank of Commerce

506 F. Supp. 2d 851 · District Court, N.D. Oklahoma · Mar 30, 2007

Defendant argues that the facts fail to establish a hostile work environment claim. … Here, plaintiffs are both members of a protected class, and there is no dispute that they were qualified for their positions at the Bank.

Lindsay v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jan 31, 2022

SSR 85-28 requires that the evidence “clearly establish[ ]” that the impairment is not severe. … established that [Ms.

Roxana Petroleum Corp. v. City of Pawnee

155 Okla. 141 · Supreme Court of Oklahoma · Jul 14, 1931

This rule could have no application in cases such as this for the reason that the market value could not be established. … Clearly, under the contract, defendants were entitled to the credit of this $40,000.

Wood v. State

69 O.B.A.J. 1030 · Court of Criminal Appeals of Oklahoma · Mar 11, 1998

In this case, the evidence was relevant to character issues *11 and to establish a plan for the crime in the first stage of the proceeding. This proposition of error must fail. Robison v. … Murphy clearly distinguished between Appellant and other paranoid schizophrenics, in that what made him more likely to commit murder was his right brain dysfunction.

Williford v. Oklahoma State Regents for Higher Education (In Re Williford)

300 B.R. 70 · United States Bankruptcy Court, W.D. Oklahoma · Sep 8, 2003

The three-part showing that a debtor must make to establish the existence of undue hardship is: (1) that the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for herself and her … Further, “the existence of the adjective ‘undue’ in front of the word ‘hardship’ clearly indicates that Congress intended that the hardship experienced by the debtor must be very severe.” See Grine v.

Buck v. State

77 Okla. Crim. 17 · Court of Criminal Appeals of Oklahoma · May 26, 1943

The rule may now be said to be thoroughly established in this jurisdiction. Denham v. Commonwealth, 119 Ky. 508 , 84 S.W. 538 , 27 Ky.Law Rep. 171; Sprouse v. Commonwealth, 132 Ky. 269 , 116 S.W. 344 . … It is now urged upon the court that testimony of this character is so unreliable that it should not have been admitted in‘any event, and, further, that the preliminary testimony was not sufficient to show the hounds were qualified

SHEPARD v. OKLAHOMA DEPARTMENT OF CORRECTIONS

2015 OK 8 · Supreme Court of Oklahoma · Feb 24, 2015

We then stated that "The claimant is clearly entitled to another hearing (before the trial tribunal) of her claim and to an opportunity to replace the flawed report with one that is admissible and has probative value." … Oklahoma Tax Commission , 2014 OK 31, ¶ 10, 339 P.3d 848, 852 ("In considering a statute's constitutionality, courts are guided by well-established principles and a heavy burden is cast on those challenging a legislative

IN THE MATTER OF THE ADOPTION OF B.T.S.

371 P.3d 1145 · Court of Civil Appeals of Oklahoma · Mar 7, 2016

Moreover, Mother argues no "qualified expert witness" testified and "[Inlowhere in the transcript is B.T.S.'s emotional and/or physical well-being discussed in the manner envisioned by § 1912(f)." … Clearly, as Mother herself points out, the Legislature is fully aware of the provisions of UCCJEA it has determined that courts should consider for venue matters in intrastate divorcee actions.

United Transports, Inc. v. United States

245 F. Supp. 561 · District Court, W.D. Oklahoma · Sep 9, 1965

The majority of the Court further states: “The purpose of the Commission was to provide Commercial Carriers a means to re-establish part of its lost traffic if it could.” … I feel that these two statements can be clearly answered. In the first one, United Transports has not received a wind-wall.

DONALDSON v. CITY OF EL RENO

2025 OK 9 · Supreme Court of Oklahoma · Feb 4, 2025

established." … The constitutionality of a statute will be upheld unless it is clearly inconsistent with the constitution.

Turner v. Metropolitan Property & Casualty Insurance Company

District Court, N.D. Oklahoma · May 3, 2022

Rule 902(11) To qualify for this provision, a record must meet the requirements of Rule 803(6)(A)- (C), as shown by a certification of the custodian or another qualified … The Court does not reach whether the Recordings qualify for a hearsay exception.

Foster v. State

714 P.2d 1031 · Court of Criminal Appeals of Oklahoma · Feb 4, 1986

He urges it failed to clearly place the burden on the State to disprove his alibi defense. … Assuming such can be established, a showing of prejudice as the result of his or her performance must be made.

King & King Enterprises v. Champlin Petroleum Co.

446 F. Supp. 906 · District Court, E.D. Oklahoma · Feb 7, 1978

The charges must be definite and reasonably certain, capable of proof, and clearly proved . . . . … Plaintiffs have attached as Exhibit B to their memorandum in response to order on motion for leave to amend, portions of Entriken’s deposition which, according to plaintiffs, establish that Bowles and Mason were actively

Chrysler Corporation v. Walter E. Allen, Inc.

375 P.2d 878 · Supreme Court of Oklahoma · Sep 18, 1962

A “Third Amended Answer and Cross Petition” they filed in January, 1959, contained a qualified general denial, together with a special denial that the account plaintiff was suing on was due at the time this action was filed … But we cannot say there was so clearly a lack of denial — as to the amount of such balance — that the trial court manifestly erred, or abused his discretion, in granting such a new trial as would afford an opportunity for

Warkentin v. Kleinwachter

166 Okla. 218 · Supreme Court of Oklahoma · Nov 21, 1933

For instance, the testimony of complainant, Warkentin, clearly shows that he not only refused to discharge the attachment and surrender the possession of the car to Earl Evans until Evans’ indebtedness to him had been paid … does not establish the basis for disciplinary measures.

Skycam, LLC v. Bennett

900 F. Supp. 2d 1264 · District Court, N.D. Oklahoma · Sep 30, 2012

Under Oklahoma law, a party seeking to establish breach of a contract — whether express or implied — must establish the elements of the claim by the greater weight of the evidence. … Defendants’ evidence and argument focus on the absence of an express agreement between the Skycam and Bennett, and clearly, no express agreement existed.