Case law

State v. Coyle

7 Okla. Crim. 50 · Court of Criminal Appeals of Oklahoma · Mar 19, 1912

This decision, rendered 20 years ago, has never been squarely followed by the Supreme Court of the United States, but, by numerous decisions, the general doctrine declared has been limited and qualified. Mr. … In this we think the lower court is clearly in error.

GRAHAM v. D & K OILFIELD SERVICES

2017 OK 72 · Supreme Court of Oklahoma · Sep 19, 2017

Clearly erroneous in view of the reliable, material, probative and substantial competent evidence; 6. Arbitrary or capricious; 7. Procured by fraud; or 8. … Prior decisions of this Court, however, do not support Graham's assertions. ¶29 Early in the twentieth century, this Court established that Okla. Const. art. 2, § 6 was meant to serve as a limitation on the judiciary.

BENCH v. STATE

431 P.3d 929 · Court of Criminal Appeals of Oklahoma · Oct 4, 2018

Our review for prosecutorial misconduct is well established. … The point here is not just that the attack was brutal and cruel; it clearly was.

Gonzales Quintanilla v. Social Security Administration

District Court, N.D. Oklahoma · Sep 16, 2024

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … She indicated that, during this period, it took her a long time to recover even from relatively mild illnesses because her immune system was weakened. Id.; R. 46.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. JOHNSON

555 P.3d 1241 · Supreme Court of Oklahoma · Sep 10, 2024

Nor does his mention of Covid-19 clearly show any incidence of how it interfered with his duties. … CONCLUSION ¶47 The Complainant has established by clear and convincing evidence the Respondent's professional misconduct.

Battle v. Anderson

376 F. Supp. 402 · District Court, E.D. Oklahoma · May 30, 1974

The Board has statutory authority to establish policies for the operation of the Department. Title 57 O.S.A. §§ 503, 504. … This study shall be conducted by an individual(s) qualified in the areas of di,et and nutrition.

Opinion No. (1996)

Oklahoma Attorney General Reports · Mar 28, 1996

City of Long Beach, supra, and the "majority rule" and stating: Clearly, an employee has an expectation of receiving a pension and makes many of life's decisions based on the security of receiving a pension. … by the less restrictive factors listed in the "Oklahoma rule," Section 923(A) of the OPERS statutes prohibits any form of retroactive modification by the Legislature as to the existing service-related rights of current qualified

Dill v. Ebey

27 Okla. 584 · Supreme Court of Oklahoma · Nov 16, 1910

The complaint, omitting the caption, is in words and figures as follows: “Comes now the said plaintiff and represents that he is the duly appointed, qualified receiver of the Citizens Bank & Trust Company of Stonewall, Indian … When, later, the Legislature granted equitable powers, it was held that, if the subject of a bill was one within the proper and established jurisdiction of chancery, the invention of a new remedy in common-law form, or the

Warehouse Market, Inc. v. State of Oklahoma

District Court, N.D. Oklahoma · Jan 5, 2021

The state court dismissed the Tribe on the ground of sovereign immunity and entered partial summary judgment in favor of Warehouse Market. Dkt. # 1, at 3; Dkt. # 13-3. … There is clearly a federal question raised in the complaint and the Court can exercise subject matter jurisdiction over this case.

Farmers' Gin Co. v. Hayes

54 F. Supp. 47 · District Court, W.D. Oklahoma · Dec 28, 1943

ginning cotton for the general public in said state and has its principal place of business at Watonga, Blaine County, Oklahoma, where it operates a cotton gin; that the defendant Hayes is the duly appointed, acting and qualified … from the discussion in the two opinions that the pur *55 pose of Congress, in using the term public utility, was to exclude a regulation which would be made by a public agency authorized by law to fix rates, and there was clearly

United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union v. Conocophillips Co.

663 F. Supp. 2d 1180 · District Court, N.D. Oklahoma · Sep 29, 2009

Two of the three Company decisions challenged herein—elimination of the Lead Operator classification and reorganization of Still Cleaner duties—clearly involved reassignment of work. … However, the language of the Appendix clearly belies the Union’s assertion.

Trice v. State

64 O.B.A.J. 1285 · Court of Criminal Appeals of Oklahoma · Apr 15, 1993

Appellant, relying on the 1980 census, claims approximately 6.9% of the total age-qualified population in Oklahoma County were seventy years of age or older. … State, 706 P.2d 541, 545 (Okl.Cr.1985), appellant has failed to establish he requested counsel.

Ohio v. Crofters, Inc.

370 F. Supp. 219 · District Court, W.D. Oklahoma · Jan 18, 1974

Mere preponderance of the evidence is not sufficient to establish a constructive trust. Rather, it must be established by evidence which is clear, definite, unequivocal and satisfactory. … Mere preponderance of the evidence is not sufficient to establish a constructive trust. Rather, it must be established by evidence which is clear, definite, unequivocal and satisfactory.

McCoy v. Sipes

District Court, E.D. Oklahoma · Jan 3, 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.

IN THE MATTER OF THE ESTATE OF CARLSON

2016 OK 6 · Supreme Court of Oklahoma · Jan 20, 2016

The court noted that "[f]oreign authority exists to the effect that a surviving joint tenant does not qualify for exoneration of a mortgage on joint tenancy property unless there is language in the decedent's will clearly … The right of FCS to present a creditor's claim prior to foreclosing is therefore established. The only question remaining is that of Grantees' standing. 2.

Barnes v. Oklahoma Farm Bureau Mutual Insurance Co.

11 P.3d 162 · Supreme Court of Oklahoma · Jan 16, 2001

No judicially sponsored common-law developments can lay claim to immunity from constitutional restraints on lawmaking activity that destroys accrued rights. B. The Teachings of Thomas v. … The threshold factor is that the decision must establish a new principle of law, whether by overruling clear past precedent on which litigants may have relied, or on an issue of first impression whose decision is not clearly

United States v. Reed Roller Bit Company

274 F. Supp. 573 · District Court, W.D. Oklahoma · Jun 23, 1967

Such a company will have an established reputation and expertise as a manufacturer and marketer in the oil field drilling equipment industry. … Finally, the evidence clearly shows that Reed’s research and development program is far larger and more active than was American Iron’s.

Garrett Development LLC v. Deer Creek Water Corporation

District Court, W.D. Oklahoma · Jan 12, 2021

To qualify for a loan under this federal scheme, the recipient must fall under the classifications outlined in § 1926(a). … In passing § 1926(b), “Congress clearly acted within its powers.” Id.

Barnett v. Simmons

197 P.3d 12 · Supreme Court of Oklahoma · Nov 10, 2008

Rock Oil desired to discover the dates the affidavits were created on Barnett's computer in order to establish a possible statute of limitations defense. … The suggestion that sanctions cannot properly be imposed absent a showing of willful refusal to produce is "clearly wrong." Atlantic Cape Fisheries v. Hartford Fire Ins.

Rocin Liquidation Estate v. Alta AH & L (In Re Rocor International, Inc.)

352 B.R. 319 · United States Bankruptcy Court, W.D. Oklahoma · Sep 29, 2006

A transaction must satisfy both elements to qualify as an exception to a preferential transfer. The Tenth Circuit has held that this “defense should be narrowly construed.” M & L Bus. Mach. Co., 84 F.3d at 1339. … (In re Pearson Indus., Inc.), 142 B.R. 831, 844-45 (Bankr.C.D.Ill.1992)(testimony of defendant’s employees was “clearly that of interested parties and self-serving ....