Case law

Barnes v. United States

District Court, N.D. Oklahoma · Feb 17, 2020

Barnes was convicted on the federal charges and sentenced to 10 years in federal prison, she did not qualify for drug court, because she would be unable to complete the drug court program from federal prison. … “[A]n employing [governmental entity] is immune as a matter of law only if an officer’s acts are so extreme as to constitute a clearly unlawful usurpation of authority the officer does not rightfully possess.”

Kurtz v. Clark

290 P.3d 779 · Court of Civil Appeals of Oklahoma · Oct 16, 2012

Maldonado, 480 A.2d 779 , 784 (Del.1981). 12 Although a non-corporate defendant has standing to raise the business judgment rule as a defense, the demand requirement does not exist as a shield of immunity for defendants. … 97 , 111 S.Ct. 1711, 1716 , 114 L.Ed.2d 152 (1991) ("In our view, the function of the demand doctrine in delimiting the respective powers of the individual shareholder and of the directors to control corporate litigation clearly

Frensley v. Frensley

177 Okla. 221 · Supreme Court of Oklahoma · May 12, 1936

The trial court in this ease determined as a matter of law, and we think rightly, that the rule established in the cases above mentioned has no specific application to the case at bar for the reason that the alimony awarded … The trusts in favor of the daughters for their respective lives were so qualified.

Craft v. Galutza

District Court, E.D. Oklahoma · May 24, 2021

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.

Young

District Court, E.D. Oklahoma · Dec 1, 2025

Matthew does not believe she is qualified to render an expert opinion on causation. Doc. 169 at 2. As such, Dr. … Matthew’s testimony cannot be used establish the causation element of Plaintiffs’ claims.

Tiger v. State

900 P.2d 406 · Court of Criminal Appeals of Oklahoma · Aug 15, 1995

Here the indictment was returned by the requisite number of duly qualified grand jurors, acting under order of the court continuing the grand jury in session. … Clearly, in these cases the court not only has jurisdiction to try and decide the question raised, but it is its imperative duty to do so.

In Re Healthback, L.L.C.

226 B.R. 464 · United States Bankruptcy Court, W.D. Oklahoma · Jul 31, 1998

Its costs are reimbursed by the Secretary as a part of the federal Medicare program established by Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. … Each time the debtor provides services to a Medicare qualified patient, it is entitled to receive reimbursement from the Department of Health and Human Services.

Israel v. Rothrock

District Court, N.D. Oklahoma · Mar 6, 2024

immunity. … Among other things, the formal grievance must address a matter within the control of the facility, request a remedy the facility has the power to grant, and clearly identify the wrongful act or harm done and any supporting

Bray v. Sinnett

District Court, E.D. Oklahoma · Oct 9, 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.

Application of Oklahoma Educational Television Authority

272 P.2d 1027 · Supreme Court of Oklahoma · Jul 9, 1954

Every word employed in the constitution is to be expounded in its plain, obvious, and common sense, unless tlie context furnishes some ground to control, qualify, or enlarge it. … The bonded debt is clearly made a debt against an existing permanent fund of the state and1 its future revenues.

OKLAHOMA INDEPENDENT PETROLEUM ASSOCIATION v. POTTS

2018 OK 24 · Supreme Court of Oklahoma · Mar 19, 2018

Accordingly, Opponents in this matter bear the burden of demonstrating the proposed initiative petition is clearly and manifestly unconstitutional. … and maintaining public libraries "upon petition initiated by not less than ten percent (10%) of the qualified electors of the county"); id. art.

Saint Francis Hospital, Inc. v. Azar

District Court, N.D. Oklahoma · Aug 4, 2020

The Tenth Circuit generally applies the two-step test established in Chevron, U.S.A., Inc. v. … The effective date of the provisions of section 5504 is clearly July 1, 2010.

Thomas v. E-Z Mart Stores, Inc.

75 O.B.A.J. 2972 · Supreme Court of Oklahoma · Nov 2, 2004

This primary liability is not the result of fault, but a matter of allocation of risk, which is established by law. Burke v. Webb Boats, Inc., 2001 OK 83 , 37 P.3d 811 . … None of the steps the defendant's lawyer took qualifies here as a substitute for, or functional equivalent of, a required evidentiary proffer.

Wingfield v. Social Security Administration

District Court, E.D. Oklahoma · Jul 24, 2023

Step two requires the claimant to establish that he has a medically severe impairment (or combination of impairments) that significantly limits her ability to do basic work activities. … The evidence does not reflect further limitations related to any of the claimant’s medically determinable but nonsevere impairments, and the ALJ clearly considered them when she pointed to the evidence related to them

Porter v. Crow

District Court, N.D. Oklahoma · May 17, 2019

immunity. … Here, Plaintiff generally alleges the DCCC’s medical staff is not qualified to diagnose or treat her for gender dysphoria. Doc. 1, at 4; Doc. 33, at 11, 43-44.

Columbia Bank & Trust Co. v. United States Fidelity & Guaranty Co.

33 Okla. 535 · Supreme Court of Oklahoma · Apr 9, 1912

The defendant in error, in signing the bond, made an undertaking which embraced as clearly the sections of the statute we have quoted as if the same had been in words expressed therein. … In the case at bar, both the default and the amount are conceded, and, this being so, the unconditional liability of the defendant in error is clearly established.

Board of Ed. of Town of Owasso v. Short

89 Okla. 2 · Supreme Court of Oklahoma · Mar 13, 1923

issuance of said bonds, including the petition for the election, minutes of the ’board of education for the purpose of considering said, petition, the-enumeration of said school district, which included a list of all the Qualified … We do not think that this or other authorities cited by plaintiff in error establish the principle contended for.

Depew v. Depew

73 O.B.A.J. 936 · Court of Civil Appeals of Oklahoma · Oct 26, 2001

These three incidents are inadequate to establish that Wife abused her parental authority. … Clearly, this language indicates that the custodial parent need not have provided over half the support in fact.

United States ex rel. Koch v. Koch Industries, Inc.

188 F.R.D. 617 · District Court, N.D. Oklahoma · Jul 6, 1999

Under the “mandate rule” governing appellate decisions, both prongs now stand established in 89-C-437. … The evidence summarized above, and the allegations in the two Kansas lawsuits, clearly establish that Plaintiffs were aware that Defendants’ were (1) reporting to producers that they were taking less oil than Defendants were

CROWNOVER v. KEEL

357 P.3d 470 · Supreme Court of Oklahoma · May 26, 2015

STANDARD OF REVIEW {11 A moving party is entitled to summary judgment as a matter of law only when the pleadings, affidavits, depositions, admissions, or other evidentiary materials establish that no genuine issue of material … Crownover, TTEE, whereas the property was clearly held in the name of Vernon L. Crown-over.