Case law

OAK TREE PARTNERS, LLC v. WILLIAMS

458 P.3d 626 · Court of Civil Appeals of Oklahoma · Nov 26, 2018

It then heavily qualified the remedy, at ¶¶ 21-22, as follows: There are limitations and qualifications to this general rule granting specific performance with abatement of a portion of the purchase price. … Williams states that this private right of action was established by Bowman .

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WEIGEL

321 P.3d 168 · Supreme Court of Oklahoma · Feb 4, 2014

It is our responsibility to examine the record and assess the credibility and weight of the evidence in order to determine whether it clearly and convincingly establishes professional misconduct by the attorney and, if so … A violation of Rule 1.15(a) is established by the Respondent's failure to hold his clients' property separate from his own property.

Williams v. Gray

District Court, W.D. Oklahoma · Oct 18, 2022

Parties may establish the existence or nonexistence of a material disputed fact through: ● submission of “depositions, documents, electronically stored information, … Cosar’s request to transfer 40 2 Defendant Gray also argues that she is entitled to summary judgment on grounds of qualified immunity, but the Court need not address this proposition, as summary judgment is appropriate

Fath v. Drive Clean Management, LLC

121 F. Supp. 3d 1196 · District Court, N.D. Oklahoma · Aug 5, 2015

III. ' The AJDA prohibits “discrimination] against a qualified individual on the basis of disability in regard to ... the ... discharge of employees....” 42 U.S.C. § 12112 (a). … Plaintiffs second argument is that pretext can clearly be seen in Thomas’s and Reinhofer’s ' treatment of plaintiff. Dkt. # 46, at 17.

Abrams v. Neal

178 Okla. 158 · Supreme Court of Oklahoma · Oct 20, 1936

Neal was the duly appointed, qualified, and acting administrator of the estate of Melissa J. … Chilcoat, 146 Okla. 62 , 294 P. 119 , this court makes the distinction very clearly.

In Re Initiative Petition No. 363, State Question No. 672

67 O.B.A.J. 3423 · Supreme Court of Oklahoma · Nov 5, 1996

Const., are: The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. 15 . The terms of § 4(D) of IP 363 are: § 4. … Shall contain language which clearly states that a "yes” vote is a vote in favor of the proposition and a "no” vote is a vote against the proposition; and 7.

Leeper, Graves & Co. v. First Nat. Bank of Hobart

26 Okla. 707 · Supreme Court of Oklahoma · Jul 12, 1910

Presented, approved and filed, this 30th day of April, 1904/ and the court makes note of the fact that the figures ‘30tlP are not the original figures indicating the day of the month upon which the bond was filed, for it clearly … and in the case at bar the judgment of the trial court is affirmed in all things, with the *722 exceptions of the second and third conclusions of law, and the cause is remanded to the trial court to enable plaintiffs to' establish

Jones v. State

509 P.2d 924 · Court of Criminal Appeals of Oklahoma · May 2, 1973

Jones’ knowledge in *928 this regard would certainly tend to establish motive on his part to protect his cousin, Franklin. We therefore deny defendant’s first proposition of error. … This Court rejected the contention, and, in an exhaustive opinion, set forth clearly all of the law concerning the issue.

Thompson v. Teel

204 Okla. 105 · Supreme Court of Oklahoma · Dec 19, 1950

He was advised that only a resident of Oklahoma could qualify as administrator or administratrix. At that time, only one member of the family, his niece Laurence Harman, lived in Oklahoma. … The rule relating to actionable fraud is well established in this state. As expressed in Littlefield et al. v.

FREDERICK v. STATE

2017 OK CR 12 · Court of Criminal Appeals of Oklahoma · May 25, 2017

Thus, he has not established prejudice sufficient to warrant relief. … 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

Question Submitted by: Senator Mary B. Boren, Oklahoma State Senate, District 16

2024 OK AG 5 · Oklahoma Attorney General Reports · Feb 28, 2024

Executive Director of the ODOT ¶8 The position of Executive Director of ODOT clearly meets each element of the foregoing Century Indemnity test. First, the position, is expressly established by ODOT's enabling statutes. … OAC 731:10-1-5(7). ¶18 The position of Executive Director of OTA is thus clearly established by law and provides definite duties. Therefore, the first two elements of the Century Indemnity test are met.

Abel v. Bachmann

400 P.2d 151 · Supreme Court of Oklahoma · Mar 2, 1965

Upon Maxy’s return to defendant’s establishment, the subject pump was ordered, and Abel was so informed. … That court’s affirmative answer to this question cannot be regarded as clearly against the weight, or preponderance, of the evidence. The case of Grant v.

Carter v. State

65 O.B.A.J. 2706 · Court of Criminal Appeals of Oklahoma · Jul 29, 1994

Lewis was an informant who testified for pay, immunity from punishment, personal advantage or vindication. … The State presented evidence which clearly showed Appellant’s involvement in the robbery and homicide at the OMahoma Auto Auction. Appellant and Summers had talked about getting another wrecker for the body shop.

Langley v. Nunn

District Court, W.D. Oklahoma · May 25, 2021

Judge Erwin concluded that Petitioner failed to establish that the Oklahoma Court of Criminal Appeals’ decision on the merits was contrary to or an unreasonable application of clearly established federal law or that its … Habeas relief is only available when the decision of the state court is contrary to or an unreasonable application of clearly established federal law.

Brown v. Dowling

District Court, N.D. Oklahoma · Mar 22, 2022

The OCCA also correctly identified and reasonably applied clearly established federal law when it reasoned that Brown could not establish constitutional error, under the Sixth Amendment, absent a showing that R.D. was actually … Here, though, after citing Logan, and thus identifying the clearly established federal law governing Brown’s claim, the OCCA failed to apply that clearly established federal law in an objectively reasonable manner for two

Doublehead v. State

27 Okla. Crim. 375 · Court of Criminal Appeals of Oklahoma · Aug 25, 1924

It is well established in this jurisdiction that applications for a change of venue are addressed to the discretion of the trial court; that before a judgment of conviction will be set aside in the appellate court because … There is no question but what this witness was qualified to testify upon this subject.

Metropolitan Life Insurance v. Browning

839 F. Supp. 1508 · District Court, W.D. Oklahoma · Oct 29, 1993

“Under FEGLIA, ... the Office of Personnel Management (“OPM”) is authorized to purchase a group life insurance policy from a qualified private insurance company to provide life insurance benefits to eligible federal employees … Second, the death certificate clearly shows that West Browning-was the informant, not Wilson Ely as required. .

Arthur v. Arthur

354 P.2d 199 · Supreme Court of Oklahoma · Aug 2, 1960

Thus, it is clearly demonstrated that there can be no doubt about what the issues were at the time the order was made denying Charles S. Arthur's application and motion to vacate the dismissal order. … Arthur and Lizzie Kaler are the duly appointed, qualified and acting executors of the estate of J.E.

Saramosing v. Corbett

District Court, W.D. Oklahoma · Mar 24, 2023

But these alleged injuries are insufficient to establish Article III standing. I. Alleged Harm to Third Parties. … The “attenuated chain of inferences” necessary to find the harm Plaintiff alleges makes clear that such harm is not “clearly impending.”35 Several of Plaintiff’s other theories of injury suffer

US BANK, NAT. ASS'N v. Moore

278 P.3d 596 · Supreme Court of Oklahoma · Apr 10, 2012

Appellants' argument is based on the failure of Appellee to establish Appellee was a person entitled to enforce the Note at the commencement of the action and the inability to establish the effectiveness of the indorsements … We find there is no evidence in the record establishing Appellee had standing to commence this foreclosure action.