Case law

Wrenn

District Court, W.D. Oklahoma · Mar 13, 2026

, and is not to be established argumentatively or by mere inference.” … Wrenn’s grammatical errors muddy the waters, but the allegation clearly characterizes the deferred prosecution agreement as “coerced.” Id.

Little v. Mannas

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

The opposing statement shall admit, deny or qualify the facts supporting the motion for summary judgment by reference to each numbered paragraph of the moving party’s statement of material facts.” … Revealingly, Plaintiff’s argument contains a section titled “Plaintiff has clearly articulated a cause of action.” Dkt. No. 185 at 14.

Hargis v. Equinox Collection Services, Inc.

District Court, N.D. Oklahoma · Jun 3, 2019

Intangible harm may still qualify as “concrete,” and courts are instructed to consider both history and the judgment of Congress in determining whether a particular intangible harm constitutes injury in fact. … ZZZ’s as the “Original Creditor” constitutes a violation of § 1692g(a)(2), the failure to clearly identify “the name of the creditor to whom the debt is owed” poses a real risk of harm.

Gatewood v. Hamidiy Inc

District Court, W.D. Oklahoma · Oct 5, 2023

State Law Claim To establish an unpaid wages claim under Oklahoma law, an employee must establish: “1) an employer-employee relationship; 2) wages are earned and … clearly alleged in the Complaint (Dkt. 1).

Zalesak

District Court, W.D. Oklahoma · May 11, 2026

To establish fraudulent joinder, the removing party has the “heavy burden” to prove either: (1) actual fraud in the pleading of jurisdictional facts; or (2) the inability of the plaintiff to establish a cause of action … Even if not clearly stated in their Petition, Plaintiffs have the opportunity through their remand briefing to articulate the basis for their constructive fraud/negligent misrepresentation claim and have failed to clearly

Reeves v. Agee

769 P.2d 745 · Supreme Court of Oklahoma · Feb 24, 1989

We know of no rule which gives lawyers absolute immunity from liability for malicious prosecution. 35 A demurrer can reach no more than issues of law apparent from the face of the pleading to which it is directed. 36 Only … Included in the ever expanding litany of things covered by judicial notice are matters of "common and general knowledge” that are "well established and authoritatively settled." Boatman v.

Black Emergency Response Team v. OConnor

District Court, W.D. Oklahoma · Jun 14, 2024

The requirement that one of the organization’s members have standing may be met even when the qualifying member is not identified by name. Id. at 949-50. … As detailed above, Plaintiffs have sufficiently established standing to challenge the second sentence of section 24-157(A)(1).

In the Matter of Reinstatement of Jones

203 P.3d 909 · Supreme Court of Oklahoma · Jan 13, 2009

sufficient for our thorough inquiry into all relevant facts pertaining to the applicant, the original misconduct and the likelihood of applicant's rehabilitation to determine whether he has carried his burden of showing clearly … Having failed to present proof of his fitness to practice law sufficient for a first-time applicant, Jones' proof of present moral character falls far short of the proof necessary to show that he has the moral character to qualify

Swift v. Social Security Administration

District Court, E.D. Oklahoma · Sep 20, 2023

The 1 Step one requires the claimant to establish that he is not engaged in substantial gainful activity. … DeLaughter’s conclusions it is clear to this Court that the ALJ substituted is own medical opinion for that of a qualified medical professional.

Hooks v. State

126 P.3d 636 · Court of Criminal Appeals of Oklahoma · Dec 7, 2005

His IQ tests certainly suggest he has borderline intelligence but do not clearly meet the Murphy definition for mental retardation. … To establish that the first signs of mental retardation appeared and were recognized before the defendant turned eighteen, lay opinion and poor school records may be considered.”

Chaplin v. Social Security Administration

District Court, E.D. Oklahoma · Oct 13, 2023

NLRB, 305 U.S. 197, 1 Step one requires the claimant to establish that he is not engaged in substantial gainful activity. … Clearly, an ALJ cannot substitute her own medical opinion for that of a medical professional. Miller v. Chater, 99 F.3d 972, 977 (10th Cir. 1996).

CHILDERS v. ARROWOOD

2023 OK 74 · Supreme Court of Oklahoma · Jun 20, 2023

However, the deliberate use of the plural "ways" indicates the Legislature intended for a private person to establish as many ways as are necessary for the effective use and reasonable enjoyment of property. ¶18 In light … Even in the case of remote recreational properties, where access has traditionally been by water, implication of servitudes for land access is justified, unless the parties clearly intended to deprive the property of land

Earth Research Labs LLC v. Oklahoma State of

District Court, W.D. Oklahoma · Sep 26, 2023

Additionally, Plaintiffs allege that because one statute “affords an individual or company due process and the other does not, the statute affording due process clearly controls as a fundamental constitutional right pursuant … As the removing party, Defendant bears the burden of establishing the existence of federal subject-matter jurisdiction. McPhail v.

Roberts v. State

66 O.B.A.J. 408 · Court of Criminal Appeals of Oklahoma · Jan 26, 1996

To establish prejudice, Petitioner must show there is a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. … Counsel is not ineffective for waiving peremptory challenges, when a petitioner cannot show that the jury which was ultimately seated was composed of members who were not qualified to sit. See Ross v.

Pearson v. Social Security Administration

District Court, E.D. Oklahoma · Mar 27, 2023

Clearly, an ALJ cannot substitute his own medical opinion for that of a medical professional. Miller v. Chater, 99 F.3d 972, 977 (10th Cir. 1996). … In rejecting the conclusions of three physician’s it is clear to this Court that the ALJ substituted is own medical opinion for that of qualified medical professionals.

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.

American Casualty Co. v. Federal Deposit Insurance

821 F. Supp. 655 · District Court, W.D. Oklahoma · May 12, 1993

It clearly and unambiguously reads that coverage shall cease, which broadly includes coverage by any discovery insurance already in effect. … However, Whelan qualified his answer with the statement that the question “would be really under the purview of the claims department.” See FDIC’s response brief at ex. 18, p. 96 (July 17, 1992).

Smallwood v. State

66 O.B.A.J. 3304 · Court of Criminal Appeals of Oklahoma · Oct 13, 1995

State, 871 P.2d 35, 43 (Okl.Cr.1994), it is very difficult to establish a pattern based on the striking of one black juror. … Appellant’s request was properly denied by the trial court as such evidence is irrelevant, and does not qualify as mitigating evidence, having no bearing on Appellant’s character, prior record, circumstances of the offense

Irwin v. Irwin

2 Okla. 180 · Supreme Court of Oklahoma · Sep 7, 1894

They shall hold their offices for four years, and until their successors are apjDointed and qualified, and they shall hold a term annually at the seat of government of said territory. … , perilous and abstract conclusions on questions not cora/m nobis is a dangerous precedent for this court to establish.

Williams v. Edwards

163 Okla. 246 · Supreme Court of Oklahoma · Mar 28, 1933

It is interesting to note in this connection that the sureties on this bond were 15 in number and qualified for amounts ranging from $1,000 to $5,000 each, and scheduled property subject to levy amounting to a total aggregate … The pleading of the plaintiff in this respect is not a model by any means, and does not clearly and consistently present this issue.