Case law

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  • Maxwell v. Faith Transport, LLC

    376 P.3d 907 · Court of Civil Appeals of Oklahoma · Nov 23, 2015

    Dunkelgod, 2012 OK 96, ¶ 14 , 295 P.3d 1107, 1111-12 ("The date of injury has long been the point in time in workers' compensation cases when rights of the parties become established, including when a claim must be filed; … to suspend benefits should be accorded the full faith and credit due' a judgment under Article IV, § 1, and that Oklahoma is bound by that administrative decision. €18 We reject this argument because TMIC's letter hardly qualifies

    Cited 0 timesPublished
  • In Re Nichols' Will

    64 Okla. 241 · Supreme Court of Oklahoma · Jul 10, 1917

    Immediately thereafter said Fisher qualified and entered upon the discharge of his duties as administrator. … Barnett, of Shawnee, was by the county court appointed administrator of the estate with the will annexed, and duly qualified on November 20, 1914. On January 2, 1915, J.

    Cited 6 timesPublished
  • Dye v. McIntosh County

    District Court, E.D. Oklahoma · Apr 4, 2024

    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.

    Cited 0 timesUnknown
  • Brown v. Yates

    District Court, E.D. Oklahoma · Jun 18, 2020

    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.

    Cited 0 timesUnknown
  • 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.

    Cited 0 timesUnknown
  • Brena v. M. Johnson

    District Court, E.D. Oklahoma · Jan 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.

    Cited 0 timesUnknown
  • Hughes v. Social Security Administration

    District Court, E.D. Oklahoma · Jul 29, 2024

    Otherwise, the evaluation proceeds to step four, where Claimant must establish that she lacks the residual functional capacity (RFC) to return to her past relevant work. … Claimant alleges inability to work since an amended alleged onset date of July 1, 2017, due to anti-nuclear auto immune disorder, Sjogren’s syndrome, lupus, depression, hypothyroidism, asthma and bad lungs,

    Cited 0 timesUnknown
  • Morris

    District Court, N.D. Oklahoma · Jan 23, 2026

    Finally, the policy in Hensley covered personal property, while the Policy in this case clearly excludes “[p]ersonal property of any kind.” (Docket No. 22-1 at 6). … Here, Plaintiff has not alleged facts or circumstances establishing a fiduciary relationship with PHH.

    Cited 0 timesUnknown
  • In Re Oklahoma Bar Ass'n to Amend the Oklahoma Rules of Professional Conduct

    171 P.3d 780 · Supreme Court of Oklahoma · Apr 17, 2007

    The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. … The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards.

    Cited 15 timesPublished
  • Petition of University Hospitals Authority

    953 P.2d 314 · Supreme Court of Oklahoma · Jan 29, 1998

    Those questions are clearly and definitely established by our fundamental law to a certainty as functions of the legislative department of the government.... There is a presumption that the act is constitutional.... … The approved Declaration of Trust shall: a. clearly state that the principal purpose of the University Hospitals Trust is to effectuate the purposes of the University Hospitals Authority as established in the University Hospitals

    Cited 20 timesPublished
  • PARKER v. STATE

    495 P.3d 653 · Court of Criminal Appeals of Oklahoma · Jul 15, 2021

    self-defense claim fails but the evidence establishes conditions satisfying the elements of manslaughter. … Louisiana, 552 U.S. 472, 477 , (2008) (holding "[o]n appeal, a trial court's ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.").

    Cited 14 timesPublished
  • Murphy v. City of Tulsa

    295 F. Supp. 3d 1221 · District Court, N.D. Oklahoma · Mar 13, 2018

    Denno hearing and, therefore, Murphy cannot establish a Fifth Amendment violation. The court is not persuaded. … Further, the United States District Court for the Eastern District of New York recently qualified Owens , stating that "[the Owens ] standard must be read in conjunction with other rulings holding that '[a] vacated judgment

    Cited 3 timesPublished
  • 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.

    Cited 0 timesUnknown
  • Kirk v. BD. OF CTY. COM'RS, MUSKOGEE CTY.

    595 P.2d 1334 · Supreme Court of Oklahoma · Jun 5, 1979

    I The Oklahoma Legislature pursuant to 19 O.S.Supp. 1978 § 180.62 established the basic salaries of elected county officers. … To qualify for the increases the Justices were to prepare a compilation of the laws on "civil, probate and appellate procedure." Later, in Breeden v.

    Overruled by Presley v. Board of County Commissioners, 70 O.B.A.J. 1669 (1999)Cited 15 timesPublished
  • Double Eagle Alloys, Inc. v. Hooper

    District Court, N.D. Oklahoma · Jun 25, 2024

    Double Eagle failed to identify its alleged trade secrets with sufficient particularity and clarity to proceed to trial.1 A plaintiff cannot simply point to 1 A party’s burden to clearly identify its trade secrets at the … Absent such evidence, Double Eagle can- not establish that its pricing and cost information was a trade secret. Austral- ian Gold, Inc. v.

    Cited 0 timesUnknown
  • Hooks v. Blocker

    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.

    Cited 0 timesUnknown
  • Question Submitted by: The Honorable Jason Nelson, State Representative, District 87

    2016 OK AG 4 · Oklahoma Attorney General Reports · May 19, 2016

    If a child does not qualify as a child with a disability under the IDEA, he or she may qualify under Section 504 as the definition of disability is broader than that under the IDEA. … While the facility has some flexibility in who it contracts with, see Part III(A)(4), that a contract be in place is clearly required by the laws and regulations applicable to day treatment programs.

    Cited 0 timesUnpublished
  • Newhouse v. Alexander

    27 Okla. 46 · Supreme Court of Oklahoma · Jun 8, 1909

    Tie thereupon qualified and took possession of said office and was proceeding t-o hold the same when Alexander commenced this action against him in the district court of that county, which said action is .in the nature of … Every consideration of public, policy, as well as the ordinary rules of evidence, require that the party offering this evidence should establish the fact that, the ballots are genuine.

    Cited 26 timesPublished
  • Queenan v. Territory of Oklahoma

    61 L.R.A. 324 · Supreme Court of Oklahoma · Sep 4, 1901

    The doctrine is also well established by decisions of the supreme court of the United States that the provisions of the federal constitution relating to trial •by jury for crimes, and .to criminal prosecutions, apply to the … petit juries within their counties •or subdivisions respectively. * * *” Section 2, chapter 13, of the Session Laws of 1899, iu relation to the qualification of electors in this territory, provides as follows: “The term ‘qualified

    Cited 46 timesPublished
  • Stiles v. State

    66 O.B.A.J. 2899 · Court of Criminal Appeals of Oklahoma · Sep 14, 1995

    As the district court’s Order denying post-conviction relief noted, this mitigation expert would not have been qualified to testify at Stiles’ 1986 trial, and nothing in the record before us suggests any similar expert would … This Court has clearly-stated that Mitchell is not retroactive and will not be applied to cases which were final prior to its decision. 20 Stiles is not entitled to relief under Mitchell, and this claim is denied.

    Cited 9 timesPublished

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