Case law

Dolese Bros. Co. v. Privett

622 P.2d 1080 · Supreme Court of Oklahoma · Jan 20, 1981

The clear import of (I) is that to qualify as a private carrier one must: A. Transport persons or property: 1. Not as a common carrier. 2. Not as a contract carrier. However, one may: B. … (d) Laundry and dry cleaning establishments which provide services at one price and charge the customer for delivery service.

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.

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

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.

Foster v. Merit Energy Co.

282 F.R.D. 541 · District Court, W.D. Oklahoma · May 14, 2012

Rule 23(a) establishes four prerequisites to class treatment. … The contours of that relationship are established, in part, by the language of that lease.

Armstrong v. Letty

85 Okla. 205 · Supreme Court of Oklahoma · Mar 14, 1922

It is not imperative upon the court to grant in such cases a qualified probate, but this is done as a matter of caution. … It did not establish the testamentary character of the instrument, and give validity to a title based upon it.

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.

Walker v. Group Health Services, Inc.

37 P.3d 749 · Supreme Court of Oklahoma · Apr 23, 2001

The administrative rule clearly places coverage, eligibility and service related matters associated with the payment of claims within the province of the Grievance Panel. … Kaiser Permanente Medical Group, 987 F.Supp. 1174, 1180 (1997) [Insureds could not sue for bad faith where HMO clearly advised insureds of binding arbitration provision.

Akin v. Missouri Pacific Railroad

69 O.B.A.J. 3512 · Supreme Court of Oklahoma · Oct 13, 1998

Pre-emption is a well-established legal principle which gives substance to the hierarchy of power established by the Supremacy Clause of the United States Constitution, subordinating the laws of the states to those of the … supra, note 13, in which the United States Supreme Court refused to pre-empt all common-law causes of action under the Medical Device Amendments of 1976 because to do so would “have the perverse effect of granting complete immunity

Cole v. Asarco Inc.

256 F.R.D. 690 · District Court, N.D. Oklahoma · Apr 2, 2009

Bauman, Sam Freeman and Robert Walker — assert claims that are clearly atypical. … In order to establish adequacy, plaintiffs must show both that proposed class counsel is qualified and that the individual plaintiffs’ claims are “sufficiently interrelated to and not antagonistic with the class’s claims

Manhattan Const. Co. v. Oklahoma Tax Commission

204 Okla. 645 · Supreme Court of Oklahoma · Jan 23, 1951

S. 1941, which subdivision provides: “An employer, establishing or maintaining a pension trust to provide for the payment of reasonable pensions to his employees, shall be allowed, as a deduction, only the contributions paid … They contend that these provisions are inapplicable to a pension trust insurance contract and that the contract on its face clearly shows that the contract constituted no more than an ordinary paid-up annuity insurance contract

Kohler Transport Inc v. Central States Trucking Co

District Court, W.D. Oklahoma · Apr 5, 2021

No. 46, p. 7 (“Kohler relied on ProDrivers to supply qualified drivers to transport Kohler cargo.”) 2 In its Answer to Kohler’s Complaint, CST’s negligence counterclaims include ordinary contributory negligence under … McCaleb was clearly trained regarding the federal regulations governing parking on the roadway’s shoulder because when questioned about setting out triangles after a stop, McCaleb answered that “the first [triangle] needs

Keeney v. TTC Illinois, Inc.

73 O.B.A.J. 1273 · Court of Civil Appeals of Oklahoma · Jan 25, 2002

Claimant was required to make a biannual accounting to the court to document qualified medical expenses. {12 Employer appealed this order to a three judge panel. Claimant did not request review by the panel. … That is clearly within the subject matter jurisdiction of the WCC. *196 [ 24 Claimant also cites Oklahoma Property Cas. Guarantee v. Tipton, 1990 OK CIV APP 107 , 807 P.2d 299 , and Tipton v. Oklahoma Property & Cas.

Young v. Apfel

39 F. Supp. 2d 1327 · District Court, N.D. Oklahoma · Jan 22, 1999

The Commissioner’s decision will be reversed when she uses the wrong legal standard or fails to clearly demonstrate reliance on the correct legal standards. Glass, 43 F.3d at 1395 . III. … Second, assuming all the allegations of pain as true, a claimant must establish a nexus between the impairment and the alleged pain.

In re Reinstatement of Kerr

345 P.3d 1118 · Supreme Court of Oklahoma · Mar 3, 2015

There was consistent testimony that Kerr is better qualified now as an attorney than when he graduated from law school. {18 The evidence reflects that Kerr has not engaged in any activity as an attorney since the date of … I am not the selfish person and the arrogant person that I obviously was in 2007 when I committed that act because I clearly didn't think about ramifications outside of myself because I put my family, my wife, my two kids

Edmondson v. State Ex Rel. Phelps

533 P.2d 604 · Supreme Court of Oklahoma · Dec 19, 1974

City, Okl., 446 P.2d 384 , we held: “The right of a qualified elector to vote and to have his vote counted is basic and fundamental. … The next issue presented concerns our statutory and decisional law governing election contests when it is clearly established that irregularities occurred in the election.

Fluke v. Canton, Adjutant General

31 Okla. 718 · Supreme Court of Oklahoma · Apr 25, 1912

state passed an act “providing for the appointment of special election commissioners to supervise the holding of elections in counties wherein the question of a permanent location of a county seat is to be submitted to the qualified … There should not be a moment in the life of any orderly, well-established, and republican form of government *731 like ours when it ha's not the means and ability to give to every citizen that peace, safety, happiness, and

Mayo v. Kaiser-Francis Oil Co.

69 O.B.A.J. 2564 · Court of Civil Appeals of Oklahoma · Feb 5, 1998

Consequently, on review of an order granting or denying class action certification, we will not reverse unless the trial court's decision stands clearly affected by an abuse of discretion. … That they are entitled to proceed separately does not prevent them from qualifying as a class.

Phoenix Insurance Co. v. School Dist. No. 132

102 Okla. 251 · Supreme Court of Oklahoma · Jun 17, 1924

This examination was made and this conversation had with the adjusters early in the month of September, 1922, and clearly within the 60 day period after the storm in question. … We see no reason under1 the circumstances why this witness, because of his acquaintance with the building, should not have been qualified by proper question, but this matter is not before us.

Jolliffee v. State

21 Okla. Crim. 278 · Court of Criminal Appeals of Oklahoma · May 27, 1922

Clearly, the county attorney, representing the state, would have no right to take any affirmative action calculated to prevent the personal appearance of the witness. … To us it seems that neither of these facts, though established to the satisfaction of the jury, is inconsistent with the good faith and innocent motives of the defendant.