Case law

Kierl-Allen v. Salvation Army Arkansas Oklahoma Division

District Court, W.D. Oklahoma · Sep 30, 2021

This evaluation qualified her for a merit raise. … Plaintiff’s claim clearly meets the first two elements, and TSA appears to concede that it meets the third. [Doc. No. 56 at p. 28].

State Ex Rel. Williamson v. Empire Oil Corp.

353 P.2d 130 · Supreme Court of Oklahoma · Jun 7, 1960

The title of this Act, House Bill No. 20, was: "An Act providing a revision of the corporation laws of the State of Oklahoma; establishing a business corporation code; and repealing Sections" (previous statutes governing … Under no theory do I find this section to be in conflict with Sec. 111, as this section clearly indicates that the legislature intended that the fee provision of Sec. 111, supra, be continued in force.

Shurtz v. Newkirk Public Schools

District Court, W.D. Oklahoma · Nov 19, 2019

To establish a prima facie case of ADA association discrimination, Plaintiff must show that she was “qualified” for the job at the time of the adverse employment action, that she was subjected to adverse employment action … to establishing “but for” causation.

City of Lawton v. International Union of Police Associations, Local 24

73 O.B.A.J. 128 · Supreme Court of Oklahoma · Jan 8, 2002

October 2001 when this case stood pending on certiorari review) as to the amount of compensation (including interest) due Hart (for the period of 8 September 1996 through 23 December 2001). 8 II THE JULY 24 ORDER DOES NOT QUALIFY … The last sentence of that order clearly expresses doubt about the decision's appealable quality. 26 The text of the order states that "[to the extent this Journal Entry of Judgment is mot considered a final judgment, it is

Missouri-Kansas-Texas Railroad Co. v. State

712 P.2d 40 · Supreme Court of Oklahoma · Mar 7, 1986

Clearly, aircraft transportation would not fall within this definition of a common carrier, while a coal pipeline would. In Data Transmission Co. v. … That Applicant had established a showing of economic feasibility for the proposed pipeline. 3.

Whisenant v. Strat Land Exploration Co.

429 P.3d 703 · Court of Civil Appeals of Oklahoma · Apr 10, 2018

(noting that the predominance inquiry "trains on the legal or factual questions that qualify each class member's case as a genuine controversy"). … Royalty reduction might be permissible if the Lease clearly stated where and how the final wellhead royalty value would be determined.

Knox v. Sharp

District Court, E.D. Oklahoma · Jul 1, 2020

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. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, and only one side of the paper may be used.

Strawn

District Court, W.D. Oklahoma · Aug 13, 2026

Third, Defendants argue they are entitled to qualified immunity. Id. at 12-14. The undersigned recommends that the Court convert the Motion to one for summary judgment. … immunity.

Cameron v. White

128 Okla. 251 · Supreme Court of Oklahoma · Sep 20, 1927

He qualified and filed an inventory, tvnereupon, and on December 9th, the court increased the receiver’s bond to $100,000. … In re Healy’s Estate, supra, was an application for removal, the same as here, and although the facts there were clearly insufficient to justify a removal upon the ground of conflicting interests, or otherwise, yet two of

Fowler v. State

512 P.2d 238 · Court of Criminal Appeals of Oklahoma · Jun 25, 1973

The record clearly reflects that defendant was properly advised of his Miranda rights and that he understood them. … The Whiteley case is clearly distinguishable.

State v. Deborah C.

71 O.B.A.J. 3296 · Court of Civil Appeals of Oklahoma · Oct 31, 2000

Termination of parental rights would be in the best interests of the child. 17 In reviewing Mother's challenge to the sufficiency of the evidence to establish the foregoing, we are guided by the following standard of review … It is well settled that "[where a witness discloses sufficient knowledge to qualify ... as an expert, soundness of [her] conclusions pertains to weight of [her] testimony, rather than to its admissibility and is to be determined

Jaquez v. Schrum

District Court, E.D. Oklahoma · May 24, 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.

Winchester v. Christian

District Court, E.D. Oklahoma · Apr 13, 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 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.

Woods v. Crow

District Court, E.D. Oklahoma · Feb 21, 2020

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. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, and only one side of the paper may be used.

State Ex Rel. Department of Human Services v. Eugenia T.B.

663 P.2d 1211 · Supreme Court of Oklahoma · May 3, 1983

Case law defines an `aggrieved party' as one whose pecuniary interest in the subject-matter is directly and injuriously affected or one whose right in property is either established or divested by the decision from which … The only question here is whether in exercising the power and authority he clearly had, the trial judge abused his discretion. It is my opinion that he did not.

Galbraith

District Court, W.D. Oklahoma · May 7, 2026

(ii) The complaint must clearly state what each defendant— typically, a named government employee—did to violate Plaintiff's civil rights. See Bennett v. … (v) Grievance denial alone with no connection to “violation of constitutional rights alleged by plaintiff, does not establish personal participation under § 1983.” Gallagher v.

KNAPPER v. STATE

473 P.3d 1053 · Court of Criminal Appeals of Oklahoma · Aug 20, 2020

Cross , 565 U.S. 65, 69-70 (2011) (per curiam) (citing Roberts and Page as the clearly established federal law in an AEDPA case about an unavailable witness). … But Judge LaFortune's finding and conclusion that defense counsel avoided "a clear concession of guilt, or even an implied one" is clearly erroneous, and involves an unreasonable application of clearly established Sixth Amendment

Major v. Microsoft Corp.

73 O.B.A.J. 80 · Court of Civil Appeals of Oklahoma · Sep 6, 2002

Absent such an allegation, the rationale behind Illinois Brick clearly applies — the finder of fact would have to apportion the alleged overcharge between the OEMs and the indirect purchasers. … If the legally-required pass-on in UtiliCorp did not qualify as a cost-plus contract, Major’s conclusory allegations of pass-on cannot do so. 4.Plaintiffs Claims of Unique and Direct Injury.

Exchange Trust Co. v. Godfrey

128 Okla. 108 · Supreme Court of Oklahoma · Jul 26, 1927

Thorpe, 90 Okla. 191 , 203 Pac. 475 , it was held: “Every instrument purporting to be an absolute or qualified conveyance of real estate, or an interest therein, but intended to be defeasible or as security for the payment … The evidence of record clearly shows that Bertha Godfrey purchased the property in Pawnee county. The record shows that J. F.

Meadows v. The City of the Village, Oklahoma

District Court, W.D. Oklahoma · Nov 3, 2021

“[A] motion for summary judgment should be granted only when the moving party has established the absence of any genuine issue as to a material fact.” Mustang Fuel Corp. v. … immunity.