Case law

Wetselline v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jul 29, 2019

The ALJ did not specifically mention the factors in § 404.1527(c)(2)-(6), but he clearly had them in mind when he found that Dr. … State agency medical consultants are highly qualified experts in Social Security evaluation. See § 416.918a(b)(1).

Behar v. Certain Underwriters at Lloyds, London

554 F. Supp. 2d 1262 · District Court, W.D. Oklahoma · Apr 30, 2008

“[I]n Oklahoma, the established choice of law rule in contract actions known as lex loci contractus is that, unless the contract terms provide otherwise, the nature, validity, and interpretation of a contract are governed … The second is that they qualify as “participating members” under the policy because they were “employees” or a “real estate manager.” Neither argument is persuasive. (1).

In Re Lively

266 B.R. 209 · United States Bankruptcy Court, N.D. Oklahoma · Jun 11, 1998

The Court will also establish deadlines by which certain actions must be taken by the Debtors. Background Debtors filed a petition for relief under Chapter 13 of the United States Bankruptcy Code on July 28, 1997. … While the Court will review the merits of any adequate protection request if and when such request is made, the Court wishes to clearly state that any agreement which would call for the ratification of payments already made

Opinion No. (1979)

Oklahoma Attorney General Reports · Dec 31, 1979

Colorado, by its admission into the union by Congress, upon an equal footing with the original states in all respects whatever without any such exception as had been made in the treaty with the Ute Indians and in the Act establishing … The reporting obligation and other duties imposed under 47 O.S. 10 -101, et seq. (1971), as amended, are clearly related to the privilege of holding a license or permit to operate a motor vehicle within this state.

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.

Oklahoma Ex Rel. State Banking Board v. Bank of Oklahoma

409 F. Supp. 71 · District Court, N.D. Oklahoma · Dec 23, 1975

Although the evidence discloses some differences of opinion as to what is a branch, when a deposit is received, checks paid, and money lent, this Court after carefully weighing the testimony of many highly qualified expert … Oklahoma Attorney General’s Opinion No. 75 — 299 dated July 11, 1975, is a clearly erroneous interpretation of applicable law and of no force and effect.

STEWART v. STATE

442 P.3d 158 · Court of Criminal Appeals of Oklahoma · May 16, 2019

"Many persons may not qualify as the kind of 'public civil officers' we have come to associate with the term 'magistrate.' … Unless a statute is clearly unconstitutional, an officer cannot be expected to question the judgment of the legislature that passed the law. Id., 480 U.S. at 349 --50, 107 S.Ct. at 1167 .

Opinion No. 79-216 (1979) Ag

Oklahoma Attorney General Reports · Dec 31, 1979

Colorado, by its admission into the union by Congress, upon an equal footing with the original states in all respects whatever without any such exception as had been made in the treaty with the Ute Indians and in the Act establishing … The reporting obligation and other duties imposed under 47 O.S. 10 -101 [ 47-10-101 ], et seq. (1971), as amended, are clearly related to the privilege of holding a license or permit to operate a motor vehicle within this

Triplet v. Ninh

District Court, W.D. Oklahoma · Aug 29, 2024

The Court must dismiss the complaint, or any portion of the complaint, if it is “frivolous, malicious, or fails to state a claim upon which relief may be granted” or seeks monetary relief from a defendant who is immune … Plaintiff thus establishes no Younger exception applies to his claims.

IN THE MATTER OF V.J.R.

2024 OK 66 · Supreme Court of Oklahoma · Sep 24, 2024

Moreover, the DHS social worker and the highly qualified forensic interviewer both testified that they found Child's disclosures to be credible. … When two statutes are in conflict, it is a well-established principle that the more specific enactment will control. Brown v. Creek Cty. ex rel. Creek Cty. Bd. of Cty.

Logsdon v. Crawford

District Court, E.D. Oklahoma · Nov 5, 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 … Plaintiff makes no allegations concerning individual federal defendants to provide the necessary direct, personal participation required to establish Bivens liability.

Brown v. Dynamic Gaming Solutions LLC

District Court, W.D. Oklahoma · May 13, 2024

Larson and Moen had previously decided that Plaintiff’s work qualified for “exempt” status. … Skaggs has testified that Plaintiff also told Remmers she should qualify for overtime pay and Remmers talked to Skaggs about it.

Emrich Aerial Spraying LLC v. The City of Pawhuska, Pawhuska Municipal Airport Authority, and Pawhuska Municipal Airport Advisory Committee

District Court, N.D. Oklahoma · Oct 23, 2025

For a statute to create an enforceable right, privilege, or immunity, it must clearly and unambiguously use “rights-creating terms” and “display an unmistakable focus on individuals like the plaintiff.” Id. … The Original Contract The City has failed to clearly show, based on the allegations in the complaint, that Emrich’s right to sue under the original contract has been extinguished

United States v. Hale

District Court, N.D. Oklahoma · Nov 23, 2021

These are clearly substantive challenges to his sentence. … permitted to file a second or successive § 2255 motion based on claims of: (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish

Mansell v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Jan 26, 2022

Accommodation—the ability to switch focus to clearly see objects at different distances—is the result of the eye’s lens changing shape. Id. … April 9, 2009) (noting that an ALJ is not qualified to make a medical judgment); Thorn v. Barnhart, No. CIV 03-1398 WDS, 2004 WL 7337540, at *3 (D.N.M.

Labadie v. United States

6 Okla. 400 · Supreme Court of Oklahoma · Jul 30, 1897

.” *410 A careful consideration of all the treaties will clearly demonstrate that the Osages are occupying their reservation under the express sanction of the United States. … In addition to this protection the government, in the hope that some of this once powerful people may be saved to posterity, has established schools for the young, workshops for the middle aged, and placed in charge of such

Richie v. Sirmons

563 F. Supp. 2d 1250 · District Court, N.D. Oklahoma · May 21, 2008

A federal habeas court “may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. … Nguyen clearly cannot meet this high standard.

Pennington v. State

66 O.B.A.J. 36 · Court of Criminal Appeals of Oklahoma · Dec 28, 1995

To suggest that any murder committed in a public place might qualify under this aggravator is far too broad an application. … Authentification may be established by direct or circumstantial evidence. Id.

Mussman

District Court, W.D. Oklahoma · May 19, 2026

She clearly alleges Defendant Hammonds failed to yield to Mr. Mussman, who was on his right, as they approached an intersection. … § 391.11 (requiring drivers to be qualified, particularly by being at least 21, able to read English, properly trained or experienced, etc.).

Mayes v. State

65 O.B.A.J. 2808 · Court of Criminal Appeals of Oklahoma · Aug 4, 1994

However, the record clearly shows Appellant was apprised of the prosecution’s intention long before that. … While we recognize the general necessity of establishing a chain of custody on evidence, we fail to see how establishing a more thorough chain here would have helped or hindered Appellant.