Case law

B.H. v. Gold Fields Mining Corp.

506 F. Supp. 2d 792 · District Court, N.D. Oklahoma · Feb 1, 2007

However, neither statute nor common law clearly specifies whom the Court may order to abate a nuisance. Both parties rely on Union Texas Petroleum Corp. v. … The EPA has been working at Tar Creek *805 for approximately 25 years, but this does not establish, by itself, a lack of due diligence by the EPA.

Massachusetts Bonding Ins. Co. v. Vance

74 Okla. 261 · Supreme Court of Oklahoma · Jun 25, 1918

It appears that the complainants, a corporation established in New York, having made insurance- of the ship Great Republic to a ' large amount, authorized Chas. W. Story a! … This case comes clearly within the rule laid down by the Supreme Court of the United States in the case of Union Mut. Life Ins. Co. v. Wilkinson, 13 Wall. 222 , 20 L.

Bethany v. Crow

District Court, N.D. Oklahoma · Sep 6, 2022

Clearly established federal law Under clearly established federal law, “a State may not discriminate on the basis of race when exercising peremptory challenges against prospective jurors … Jackson provides the clearly established legal rule governing a sufficiency-of-the- evidence claim. Johnson v. Mullin, 505 F.3d 1128, 1134 (10th Cir. 2007).

MARTINEZ v. STATE

2016 OK CR 3 · Court of Criminal Appeals of Oklahoma · Mar 8, 2016

It need not conclusively or directly establish guilt if, when taken with other evidence in the case, it tends to establish a material fact in issue. Id . … An abuse of discretion is a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented. C.L.F. v.

Eldridge v. Bear

District Court, E.D. Oklahoma · Sep 3, 2019

established federal law. … Petitioner has failed to show that the OCCA’s ruling on this claim was contrary to, or an unreasonable application of, clearly established federal law as determined by the Supreme Court.

Leatherman v. Yancey

75 O.B.A.J. 3213 · Supreme Court of Oklahoma · Dec 7, 2004

; evidence; determination of damage to child No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified … Clearly the 10th Circuit questions the exception's viability as applied to the federal Act. .

Marland v. Gillespie

168 Okla. 376 · Supreme Court of Oklahoma · Mar 13, 1934

In my. opinion, the deed on its face shows clearly that it is for a right of way for a railroad track in accordance with a survey showing its route. … Whether the right of way purchased should be designated as an easement or as a qualified or determinable fee, may not be very important.

Lewis v. State

970 P.2d 1158 · Court of Criminal Appeals of Oklahoma · Feb 3, 1999

The jury was instructed on how to assess information supporting expert testimony in Instruction 16A: You have heard witnesses qualified as experts testify as to their opinions. … That’s what they’re clearly talking about here. Malice aforethought as to Anita? Yes. Premeditation? No. Sanity? No.

Baker v. Ward

District Court, W.D. Oklahoma · Dec 11, 2020

However, the Supreme Court has clearly stated that “it is the duty of the [federal courts] … to ascertain … what the state law is and apply it rather than to prescribe a different rule, however superior it may appear from … “State law governs the application of tolling in a civil rights action” because Congress did not establish statutes of limitations or tolling principles under § 1983.

Dent v. Craig

District Court, E.D. Oklahoma · Jul 1, 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.

Scott v. State

66 O.B.A.J. 613 · Court of Criminal Appeals of Oklahoma · Feb 14, 1995

This Court recently addressed the manner in which trial courts conduct death qualifying voir dire in Mayes v. State, 887 P.2d 1288 (Okl.Cr.1994). … Clearly, any bias or motivation to testify was relevant on these issues.

Grass v. Social Security Administration

District Court, N.D. Oklahoma · Sep 7, 2021

If the claimant satisfies this burden, thus establishing a prima facie case of disability, the burden of proof shifts to the Commissioner to show at step five that the claimant retains the capacity to perform other … Under agency regulations, the ALJ’s decision must give “specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual

Walton, Mayor v. Donnelly

83 Okla. 233 · Supreme Court of Oklahoma · Jun 28, 1921

and the decisions of the Supreme Court of the United States from the time Chief Justice Marshall abhered 'to the rule up until the present time, it is obvious that it is a dangerous precedent to depart from a rule so well established … purely a municipal matter, and that a court of equity is without jurisdiction to issue the extraordinary writ of injunction and interfere in a purely municipal governmental affair where the action sought to be enjoined is clearly

Telex Corp. v. International Business MacHines Corp.

367 F. Supp. 258 · District Court, N.D. Oklahoma · Nov 9, 1973

To treat defendant’s peripheral products as immune from separate market consideration in view of the competition focused upon them would recognize an immunity in favor of IBM from the operation of the antitrust laws akin … The doctrine of “fair use” clearly is inapplicable to the facts of this case.

Kale v. Humphrey

67 Okla. 197 · Supreme Court of Oklahoma · Sep 11, 1917

Kale clearly and consistently obscured his personality and carried on the correspondence from the Oklahoma end in the name of his wife, the real party in interest. … The entries on the execution docket corroborate these facts, and, altogether, are sufficient to establish prima facie that such a 'transcript was properly filed as provided by law.

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.

CHANDLER v. STATE ex rel. DEPT. OF PUBLIC SAFETY

419 P.3d 298 · Court of Civil Appeals of Oklahoma · Sep 8, 2017

reasonable grounds to believe the arrested person had been driving ... a motor vehicle ... while under the influence of alcohol ... and that the person had refused to submit to the test or tests... " The latter requirement is clearly … Therefore, only a sworn report which on its face has no defects is admissible. ¶39 The function of this qualifying phrase corresponds to the exception under both § 306 and its successor, 12 O.S. 2011 § 2008(D) 17 for allegations

Bank IV Oklahoma, N.A. v. Southwestern Bank & Trust Co.

68 O.B.A.J. 995 · Supreme Court of Oklahoma · Mar 18, 1997

The law will not, and cannot, tolerate more than one record entry of the same ruling. [15] The December 29, 1995 memorial's content and substance qualify it as a final disposition of Bank IV's quest for summary relief. … "It creates preference and establishes inequity." Barrett v.

Richter v. Nelson

District Court, N.D. Oklahoma · Oct 30, 2023

Plaintiff avers the newly obtained information from discovery establishes grounds to add previously dismissed defendants Pitts, Lowery, and Holt. Pl.’s Mot. at 2. … Plaintiff’s complaint as amended is not clearly futile because it includes additional facts that cure the deficiencies in the prior pleadings. Id. ¶ 51; see also Foman, 371 U.S. at 182.

LONE STAR STEEL COMPANY v. United Mine Workers of America

691 F. Supp. 1280 · District Court, E.D. Oklahoma · Feb 21, 1986

Defendants further assert that, as labor organizations, they are immune from antitrust liability under the statutory labor exemption to the antitrust laws, 15 U.S.C. § 6 (1982). … Clearly, the Union intended to modify the scope of the clause to the extent stated above. 46.