Case law

Rodgers v. Beechcraft Corp.

248 F. Supp. 3d 1158 · District Court, N.D. Oklahoma · Mar 29, 2017

Caves was clearly aware of this fact, because he aborted his first landing attempt after being advised by ATC that his main landing gear had not deployed. … Plaintiffs have no admissible evidence establishing that the alternate landing gear was defectively designed.

Oklahoma Public Employees Ass'n v. Oklahoma Department of Central Services

73 O.B.A.J. 2583 · Supreme Court of Oklahoma · Sep 24, 2002

Liberty must operate the facility in accordance with the established policies of DHS and the Developmental Disabilities Service Division. 8. … Liberty must operate the facility in accordance with the established policies of DHS and the Developmental Disabilities Service Division, and 2.

Williams Natural Gas Co. v. . State Board of Equalization

65 O.B.A.J. 4201 · Supreme Court of Oklahoma · Dec 20, 1994

This is so because both statutes clearly call for an unmistakable violation of the 14th Amendment's Equal Protection Clause. [44] The U.S. … State legislation passed in response to these federal-law commands clearly violates the 14th Amendment.

Bemis v. State

12 Okla. Crim. 114 · Court of Criminal Appeals of Oklahoma · Oct 9, 1915

The information upon which the prosecution and conviction is based, is as follows: “In the name and by the authority of the state of Oklahoma, comes now Sam Hooker, the duly qualified and acting county attorney, in and for … If this right be struck down or arbitrarily interfered with, there is a substantial impairment of liberty in the long-established constitutional sense.

CROWNOVER v. KEEL

2015 OK 35 · 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. Crownover.

Paxton v. State

65 O.B.A.J. 120 · Court of Criminal Appeals of Oklahoma · Dec 30, 1993

To establish a Brady violation a defendant must establish that the prosecution suppressed evidence that was favorable to him or exculpatory and that the evidence was material. United States v. … to the current facts I believe that the child's exposure to outside influences between the death of her mother and the making of the statement deprive the statement of the degree of trust-worthiness necessary for it to qualify

Dixon v. Regional University System of the Oklahoma Board of Regents

District Court, E.D. Oklahoma · May 17, 2023

Plaintiff’s claims was not clearly erroneous, nor did it result in manifest injustice. See King v. Comm’r of Internal Revenue, 207 Fed. … The Court stated that the law was unclear, and further noted that the evidence in this case was particularly unclear as to the nature of the leave and whether such leave would qualify under the Act.

Garcia v. State

43 O.B.A.J. 3017 · Court of Criminal Appeals of Oklahoma · Oct 26, 1972

State, Okl.Cr., 361 P.2d 1086 , we stated in the fourth syllabus: “The ease with which a jury was obtained and qualified on their voir dire to try the cause before the application for a change of venue is denied is of some … It was established on voir dire examination that the prospective juror Bogle had on occasion, for a period of two months, purchased gas approximately once a week at the service station and knew, the victim, Jimmy Bingham,

Howard Family Charitable Foundation, Inc. v. Trimble

259 P.3d 850 · Court of Civil Appeals of Oklahoma · Jan 28, 2011

THE FACTS ALLEGED 10 Plaintiffs' Second Amended Petition states that Trimble and PCM maintained Fund was exempt from registration because its investors were either "accredited investors" or "qualified eligible persons," 2 … At one end of the scale is a passive website on which a defendant has posted information which is accessible by persons in foreign jurisdictions, and at the other end of this scale are defendants who clearly do business through

Cox v. Swift Transportation Co. of Arizona, LLC

District Court, N.D. Oklahoma · Aug 7, 2019

First, the court should make a preliminary finding that the expert is qualified to testify. Id. at 1232-33. … Plaintiffs are advised that they will be required to establish that the prior incident has a substantial connection to the accident at issue in this case.

CITY OF OKLAHOMA CITY v. OKLAHOMA CORPORATION COMMISSION

2024 OK 77 · Supreme Court of Oklahoma · Nov 6, 2024

. ¶6 The Tax Commission's letter commented on the jurisdiction of the Corporation Commission and stated it is "required to review the qualified costs of the utility and determine whether the amounts incurred would otherwise … Sixth paragraph: States established rates are billed to customers by Commission-approved tariffs. Seventh paragraph: States respondents bill customers for franchise fees by Commission-approved tariffs.

Pollock v. Phillips (In re Phillips)

523 B.R. 846 · United States Bankruptcy Court, N.D. Oklahoma · Dec 23, 2014

This admission establishes that the Probate Estate has no apparent interest in the VehL cles. … held that *859 Section 523(a)(4) clearly qualifies the term “defalcation” by “[t]he phrase ‘while acting in a fiduciary capacity.’”

United States v. Sloan

District Court, N.D. Oklahoma · Feb 22, 2021

Defendant argues that Greubel was ineffective for failing to argue that the offense of conviction did not qualify as a crime of violence (ground one) and that § 2423(a) was unconstitutionally vague in light of recent Supreme … The Supreme Court has clearly established that “a lawyer who disregards specific instructions from the defendant to file a notice of appeal acts in a manner that is professionally unreasonable.” Roe v.

Mitchell v. State

235 P.3d 640 · Court of Criminal Appeals of Oklahoma · Jul 1, 2010

In rejecting this argument, the Eleventh Cireuit Court of Appeals stated: Our conclusion that youthful offender convictions can qualify as predicate offenses for sentence enhancement purposes remains valid because Roper does … This evidence clearly shows the decedent's conscious physical suffering as a result of Appellant's repeated physical assaults to her body.

Gilbert v. State

648 P.2d 1226 · Court of Criminal Appeals of Oklahoma · Jul 1, 1982

The record establishes that Mr. Gilbert did not attempt to explain the motion. In State ex rel. Young v. … Moreover, we do not say that the more vicious the attack on the judge the less qualified he is to act. A judge cannot be driven out of a case.

Ward v. Allbaugh

District Court, N.D. Oklahoma · Jun 10, 2019

Significantly, an “unreasonable application of” clearly established federal law under § 2254(d)(1) “must be objectively unreasonable, not merely wrong.” White v. Woodall, 134 S. … May 29, 2015) (rejecting a similar claim and noting relief is only available under § 2254 based on an unreasonable application of clearly established Supreme Court law).

RJB Gas Pipeline Co. v. Colorado Interstate Gas Co.

813 P.2d 1 · Court of Civil Appeals of Oklahoma · Jun 17, 1991

In addition, RJB insists the FERC Order 68-A clearly allows producers to collect whatever rate the contracts provided on the date of the enactment of the NGPA. We do not agree. … Thus, CIG claims, the gas remains in place and was ot severed as required by 12A O.S. 1981 § 2-107(1) to qualify as a sales contract under 12 O.S. 1981 § 936.

Arbuckle Abstract Co. v. Scott

975 P.2d 879 · Supreme Court of Oklahoma · Feb 2, 1999

have statutory authority under the OAL to replace or restore missing records of a district court clerk or county clerk that may be deemed necessary to be contained or reflected in an abstract plant under the OAL, the A & I clearly … The petition contained two other causes of action: 1) for a declaration indexes and records placed in computer systems qualified as an "other system of indexes” as required by the OAL, § 227.15 and 2) that Arbuckle Abstract

RIPP v. OKLAHOMA COMMUNICATIONS SYSTEMS

525 P.3d 52 · 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.'"

Smeltz v. Ford Motor Company

District Court, E.D. Oklahoma · Oct 2, 2025

227, 229-30 (N.D.W.V. 1988); cf. 14C Wright & Miller’s Federal Practice and Procedure § 3731 (Rev. 4th ed. 2018) (“Courts ordinarily hold that oral statements do not trigger removability because those statements do not qualify … This event “clearly notifie[d] a defendant when it dismisse[d] a non-diverse party,” namely Woody Motor. Carter, 2024 WL 4562891, at *4.