Case law

Hayes v. United States Bureau of Indian Affairs

District Court, N.D. Oklahoma · Nov 2, 2020

Here, because the OMC is part of the Osage Nation, and thus possesses sovereign immunity, its joinder is not feasible. … However, the OMC has sovereign immunity, such that it cannot be joined in this suit. No party disputes this. 3.

Grogan v. Renfrow

District Court, N.D. Oklahoma · Jul 2, 2019

Lorenzen where it considered the standard to be applied by courts when determining whether to hold a creditor in contempt for attempting to collect a debt that a bankruptcy discharge order has immunized from collection. … BAP 2012)(under the clearly erroneous standard the appellate court defers to facts found by the bankruptcy court unless they are without factual support in the record).

Harris v. State

84 P.3d 731 · Court of Criminal Appeals of Oklahoma · Feb 5, 2004

. ¶ 37 We reject Appellant's claim that Stanaland was not qualified to testify on the subject of domestic violence. … The prosecutor clearly mentioned the issue of Appellant's "moral culpability," and the second-stage instructions referred to it as well.

Missouri, O. & G. Ry. Co. v. Lee

73 Okla. 165 · Supreme Court of Oklahoma · Oct 1, 1918

Ferris are the duly appointed, qualified, and acting receivers for said corporation, and as such receivers were ini charge of and operating said road on the 21st day of February, 1916; that on the 21st day of February, 1916 … To complicate the question by another conjecture as to her expectation of survivorship would add further uncertainty to the result without being so clearly, demanded by reason or justice as to be imperative or even advisable

Farlow v. Peat Marwick Mitchell & Co.

666 F. Supp. 1500 · District Court, W.D. Oklahoma · Jul 20, 1987

Liability may also be established secondarily upon a showing defendants aided and abetted the primary violator. To establish aider and abettor liability, the plaintiffs must show: 1. Fraud by the primary violator; 2. … The Tenth Circuit has clearly set the parameters for liability in securities cases dealing with “omissions” in Windon Third Oil and Gas Drilling Partnership v.

RIPP v. OKLAHOMA COMMUNICATIONS SYSTEMS

2023 OK CIV APP 3 · Court of Civil Appeals of Oklahoma · Apr 22, 2022

Those findings are clearly supported by the Plaintiffs' allegations and the clear weight of the evidence produced at the class certification hearing. ¶18 For example, Plaintiffs allege that TDS was "not able to handle the … The court also found that "one defense of [TDS] is 'up to' is anything 'up to' the amount stated and even near zero qualifies as 'up to.'"

ARKANSAS LOUISIANA GAS COMPANY v. Evans

397 P.2d 505 · Supreme Court of Oklahoma · Nov 24, 1964

As to that testimony we *511 said what the witness observed about the deceased's appearance and demeanor was proper and clearly not hearsay, and that any usual and natural spontaneous expressions of pain made in the witness … Measured by these definitions, the statements by the deceased workman made in answer to his daughter's inquiry cannot, strictly speaking, qualify as spontaneous in nature.

State Bar of Oklahoma v. McGhee

148 Okla. 219 · Supreme Court of Oklahoma · Apr 21, 1931

The presumption is that the makers of the Constitution meant something when they put in the qualifying word “properly” before the word “belonging,” and it means more than if the general language had been used prohibiting … The Constitution most clearly recognizes in the case of the Corporation *229 Commission, and the powers conferred, the necessity, in the modern complex of society, of carrying on a great many things by agents,' who exercise

Moss v. Burkhart

207 F. Supp. 885 · District Court, W.D. Oklahoma · Aug 8, 1962

The effect of such an injunctive decree would be to disrupt a long established electoral system on unsettled facts. … The following guidelines or standards are established: 1.

Lambert v. State

888 P.2d 494 · Court of Criminal Appeals of Oklahoma · Dec 28, 1994

Merely establishing that some jurors had knowledge of the case is not enough to establish prejudice. Wooldridge v. State, 659 P.2d 943 (Okla.Cr. 1983). In Price v. … Munson clearly says that a defendant may be tried for felony murder if he is on notice of the underlying felony unless he shows that he was misled by the charging Information. [5] Lambert was clearly misled by the decision

Pettis v. Johnston

78 Okla. 277 · Supreme Court of Oklahoma · Jun 1, 1920

(Va.) 629, states the reasoning of that line of decisions about as clearly as any we have examined. … Courts were made primarily for plaintiffs, and not for defendants, and in a certain qualified sense the plaintiff is sponsor for the errors and irregularities committed by a court acting as his agent to enforce his rights

City of Tulsa v. Public Employees Relations Board

845 P.2d 872 · Supreme Court of Oklahoma · Nov 2, 1990

Both agreements, executed on July 1, 1984, provided for Satisfactory Performance Increases (SPIs), the term used for merit increases in compensation over and above ordinary wages provided to those who qualified on their hiring … Within the limitations prescribed by the Constitution, it was clearly the intent of the framers ... to delegate local self-government to cities under a charter form of government in a larger measure and to a greater extent

Smith v. State

245 P.3d 1233 · Court of Criminal Appeals of Oklahoma · Nov 5, 2010

This claim does not qualify for relief under Strickland. B. … That the test clearly indicated that Michael has a substantial abuse problem.

Covington v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Dec 19, 2023

To satisfy this burden, a claimant must establish her impairment “meet[s] all of the specified medical criteria. An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” … Despite Plaintiff’s contention that “it does not clearly appear that it was even contemplated” for an equaling, (Doc. 10, at 5), the ALJ explicitly considered Listing 8.04 in combination with the objective medical evidence

Question Submitted by: The Honorable Marty Quinn, State Representative, District 9

2014 OK AG 3 · Oklahoma Attorney General Reports · Feb 19, 2014

To qualify for the armed private investigator license, an applicant must meet age, citizenship, moral character, and criminal background standards, while also successfully completing "Phase I, III and IV training," a "psychological … Howard , 276 P.3d 1031, 1035 (Okla. 2012) ("If the [statutory] language is plain and clearly expresses the legislative will, further inquiry is unnecessary.").

Sublett v. City of Tulsa

405 P.2d 185 · Supreme Court of Oklahoma · Jun 8, 1965

Other states permit *194 establishment of public corporations to conduct industrial development programs. … Moreover, the statutory authorization for establishment of port authorities (82 O.S.

R. C. Jones Cotton Co. v. State

139 Okla. 212 · Supreme Court of Oklahoma · Nov 5, 1929

Brown, the duly appointed, qualified, and acting tax ferret of Payne county, Okla., who claims that he has discovered certain properties belonging to the said R. C. … Bray, 55 Okla. 446 , 155 Pac. 226 , this court in the first and second paragraphs of the syllabus said: “Only such actual damages may be recovered as are established by the proof of facts from which they may be rationally

Houston & North Texas Motor Freight Lines, Inc. v. Local Union No. 886 of International Brotherhood of Teamsters

24 F. Supp. 619 · District Court, W.D. Oklahoma · Aug 8, 1938

Thus it was established that labor combinations came within the inhibitions of the Anti-Trust Act and that they were amenable to the Anti-Trust Laws. … class to the detriment of the general public, the rules of statutory construction forbid that the privilege be enlarged by resorting to a loose construction or by ignoring or slighting the qualifying words of the section

WHITE v. STATE

437 P.3d 1061 · Court of Criminal Appeals of Oklahoma · Feb 14, 2019

The State's evidence clearly established that the person who shot Brewer did so with the intention of killing him; Crowley testified that the assailant (whom he identified as Appellant) exclaimed, "No one told you that I … Initially, it is questionable whether this qualifies as other crimes evidence, or was merely a non-prejudicial suggestion of unspecified wrongdoing. See Bear v.

Perry v. State

66 O.B.A.J. 1350 · Court of Criminal Appeals of Oklahoma · Apr 7, 1995

Clearly, under these circumstances, Perry’s claim that *533 he was deprived his right to effective assistance of counsel lacks merit. … To establish “continuing threat” the State must show “a pattern of criminal conduct that will likely continue in the future.”