Case law

Equal Employment Opportunity Commission v. Sofidel America Corp.

District Court, N.D. Oklahoma · Jul 10, 2025

the litigation or the defenses are clearly insufficient as a matter of law.” … Mach Mining established narrow limits on judicial review of EEOC’s conciliation efforts. 575 U.S. at 495.

Discount Home Center, Inc. v. Turner (In Re Turner)

134 B.R. 646 · United States Bankruptcy Court, N.D. Oklahoma · Dec 4, 1991

This states the criteria established by prior cases, without observing that they are (or can be) two different criteria. Davis v. … This clearly includes voluntary trusts whether “express” or implied in fact; and clearly excludes constructive trusts ex ma-leficio. It does not clearly include or exclude resulting and statutory trusts. Mr.

Hartline v. Hartline

72 O.B.A.J. 562 · Supreme Court of Oklahoma · Feb 13, 2001

Dep't. of Public Safety, 1983 OK 34, ¶ 12 , 662 P.2d 299, 302 ("From the language of §§ 7-601, the Legislature has clearly established a comprehensive compulsory liability insurance law. … Today's departure from case law is in essence no different from the abrogation of the common law doctrine of sovereign immunity crafted in Vanderpool v. State, 1983 OK 82 , 672 P.2d 1153 .

MacK Oil Company v. Laurence

389 P.2d 955 · Supreme Court of Oklahoma · Feb 25, 1964

Under this test clearly none of the parties in the several conveyances intended to sever the water rights and convey only the agricultural surface of the land. … Therein we affirmed the landowner’s right to recover the value of water used off the premises, for the stated reason that a lease provision granting the lessee free water did not establish any right to supply water for use

Simpson v. American Fidelity Assurance Co

District Court, W.D. Oklahoma · May 8, 2025

Establishing these prima facie elements “is not onerous.” Aubrey, 975 F.3d at 1005. … The first step of this framework requires the plaintiff to establish a prima facie case of discrimination by showing (1) that she is disabled within the meaning of the ADA; (2) she is qualified for the job held or desired

Harp v. Barr

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

’” (2) “Her ability to think clearly and reason definitively is still unbalanced.” (3) “Ms. … Under the first step of that framework, a plaintiff must establish a prima facie case by showing: “1) she was disabled, 2) she was otherwise qualified, 3) she requested a plausibly reasonable accommodation, and 4) the [

Craig v. CoreCivic, Inc.

District Court, E.D. Oklahoma · Mar 14, 2024

Craig has failed to establish any violation of the decedent’s constitutional rights by DCF staff. I. … In the event ODOC concluded an inmate qualified for protective custody, DCF lacked capacity to provide the same and qualified inmates would be transferred to another facility.

Cathey v. Everett

District Court, E.D. Oklahoma · Nov 2, 2023

The Court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.

HARWOOD v. ARDAGH GROUP

2022 OK 51 · Supreme Court of Oklahoma · Jun 1, 2022

The Court's opinion holds that "A parking lot owned or controlled by the employer alone clearly constitutes the 'premises' of such employer, and is part of the 'employer's place of business." … I conclude that it "clearly" made such an exception.

Audacity Church v. Church Mutual Insurance Company

District Court, N.D. Oklahoma · Jan 21, 2022

However, the letter clearly identifies the Board as the named insured. Id. … The evidence clearly establishes that the Board 7 requested CMIC to remove the Midtown Church property from the policy on January 20, 2020, and CMIC refunded

State Ex Rel. Oklahoma Bar Ass'n v. Clausing

224 P.3d 1268 · Supreme Court of Oklahoma · Sep 29, 2009

III THE CHARGES AGAINST RESPONDENT Count I-The Kulp Complaint 17 The charges against respondent arise from his handling of a spendthrift trust (Kulp Trust) established by Virginia K. … The evidence clearly shows that respondent did not act within the prescribed standards of conduct mandated for a trustee.

Bilby v. Gibson

133 Okla. 196 · Supreme Court of Oklahoma · Nov 20, 1928

Bilby entered his appearance in the case without objection to jurisdiction, and since the assignment of error is a joint one, th'e same is clearly not good as to R. I. … The refusal of the court to receive such proffered proof, when clearly competent, is ordinarily reversible error.” Turner-Tulsa Co. v. H. Schnell & Co., 107 Okla. 125 , 230 Pac. 918 .

Hayes v. Browner

117 F. Supp. 2d 1182 · District Court, N.D. Oklahoma · Mar 31, 2000

Rejection of the plaintiffs’ nondiscretion-ary duty and unreasonable delay claims does not mean that EPA’s approvals are immune from judicial scrutiny. … Clearly, at least a portion of the court's decision is pursuant to the APA.

Ashton v. Smith

District Court, N.D. Oklahoma · Aug 9, 2022

Clearly established federal law Prosecutorial misconduct can violate the Constitution in two ways. … Thus, the OCCA’s decision, as to Ashton’s general allegations of misconduct, is not contrary to clearly established federal law.

Castleman v. Marler

District Court, E.D. Oklahoma · Oct 4, 2022

The Court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.

Toles v. State

68 O.B.A.J. 2779 · Court of Criminal Appeals of Oklahoma · Aug 22, 1997

This pattern establishes the probability Toles would commit acts of violence in the future which would constitute a continuing threat to society. … Each of these challenges has been clearly resolved against Mm in an unbroken line of case law.

Walters v. Ratliff

10 Okla. 262 · Supreme Court of Oklahoma · Jun 30, 1900

Nor does it follow that the probate court loses jurisdiction of a cause of action, clearly within its jurisdiction because it happens to involve the wrongful conduct of an officer. … Irwin, Sheriff, 15 Cal. 506 , the supreme court of that state said: “The rule as defined by our statute is almost in the language of that given, in the cases which establish the rule in England.

Sisler v. Jackson

460 P.2d 903 · Supreme Court of Oklahoma · Nov 10, 1969

Peters, a qualified orthopedic surgeon who examined plaintiff, was of the opinion plaintiff’s injury resulted from an infectious process, only the peroneal branch of the sciatic nerve being affected by infection, but admitted … Additionally, argument relative to the instructions is coupled with argument such instruction allowed the juryc to consider evidence of no value, reject positive evidence, and then accept circumstantial evidence to establish

Woodruff v. Phillips

138 Okla. 77 · Supreme Court of Oklahoma · Sep 10, 1929

possess the skill to detect unfitness, or the opportunities to do so, the *82 law may require diligence upon the part of the master; but where the appliance is a common tool, of which the man who uses it is necessarily well qualified … The court based its opinion upon two propositions: The first, that he was inexperienced, and this clearly appears ; and, second, that the employee was not in such condition as to appreciate his danger and properly exercise

Choctaw, O. G. R. Co. v. Drew

37 Okla. 396 · Supreme Court of Oklahoma · Feb 11, 1913

Grants of privileges or powers to railroads, like those involved, confer no license to use them in disregard of the private rights of others, and with immunity for their invasion. Anderson v. Chicago, M. & St. P. R. … The case is therefore clearly not in point.