Case law

In re Gordon

484 B.R. 811 · United States Bankruptcy Court, N.D. Oklahoma · Jan 4, 2013

Upon forfeiture, such proceeds will be distributed to victims who qualify under the remission regulations (28 C.F.R. part 9.8). 15 The assignment language reads as follows: By checking this box, I (we) assign my (our) claims … In affirming the bankruptcy court’s finding that the trustee had standing to assert the assigned claims notwithstanding the state law prohibition, the district court found the resolution was neither clearly erroneous nor

Tipton v. Social Security Administration

District Court, E.D. Oklahoma · Mar 15, 2023

The ALJ clearly considered Ms. Mason’s treatment of Claimant, and under the regulations, that was all he was required to do. … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v.

Williams v. State

188 P.3d 208 · Court of Criminal Appeals of Oklahoma · Jun 25, 2008

State, 2006 OK CR 46 , 1 60, 147 P.3d 245, 2683 (holding that an abuse of discretion is a clearly erroneous conclusion and judgment, which is clearly against the logic and effect of the facts presented.) $28 Juror R.J. indicated … E. 180 In proposition seven, Williams claims that the trial court erred in *225 permitting a police officer to give expert testimony for which he was not qualified to give.

Curtis v. Progressive Northern Insurance Company

District Court, W.D. Oklahoma · Jan 11, 2022

right of action, they have provided the governing standard: when a statute “expressly places the right of prosecution in a public entity, there can be no intent to create a private right of action.”26 Since Title 47 “clearly … Cases decided after Vining establish that a plaintiff must establish a breach of the underlying contract in order to maintain a bad faith claim, since “a determination of liability under the contract is a prerequisite

In Re Initiative Petition No. 360

65 O.B.A.J. 2546 · Supreme Court of Oklahoma · Jul 19, 1994

In the present proposal, the objective is clearly term limitations for Congressional delegates. … We hold that Protestants have failed to establish the proposed initiative is violative of the one general subject rule under Art. 24, § 1. C. PURPORTED DECEPTIVE AND MISLEADING GIST STATEMENT.

Williamson v. State

62 O.B.A.J. 1674 · Court of Criminal Appeals of Oklahoma · May 15, 1991

The record does not clearly state when Ms. Long received this evidence, but she did receive numerous other items of evidence from Agent Rogers on December 16, 1982. … Reading his testimony in its entirety, it clearly left the ultimate issues of fact with the jury.

Gregg v. State

63 O.B.A.J. 3673 · Court of Criminal Appeals of Oklahoma · Dec 4, 1992

We agree with the magistrate that in such a circumstance, the reliability of the informant was not established, and, therefore, probable cause did not exist to issue the warrants. Fletcher, 735 P.2d at 1194 . … Apparently, it is appellant’s contention that his decision to video tape acts of sexual conduct somehow immunizes him from prosecution for the sexual acts.

Williams v. Independent School District No. 5, of Tulsa County, Oklahoma

District Court, N.D. Oklahoma · Apr 27, 2021

The school’s own sexual harassment policy indicates that those incidents could qualify as “unwelcome conduct of a sexual nature.” … with its regulations does not establish the requisite deliberate indifference”) (quoting Sanches v.

Shaffer v. Marks

241 F. 139 · District Court, E.D. Oklahoma · Feb 10, 1917

proprietorship thereof, the absolute owner of the oil and gas in and under it in its free and natural state, nor yet reduced to actual control of any person; but he, together with the other owners of land in the gas field, has a qualified … Wilson, which may be said to have established the doctrine in this state that oil and gas leases should be construed most strongly against the lessee.

Wilson v. IC Bus of Oklahoma, LLC

District Court, N.D. Oklahoma · May 5, 2021

To establish a prima facie case of age discrimination, a plaintiff must show: (1) that he is within the protected age group; (2) that he suffered an adverse employment action; (3) that he was qualified for the position; … The mixed-motive analysis established in Price Waterhouse v.

United States v. Williams

532 F. Supp. 2d 1323 · District Court, N.D. Oklahoma · Feb 1, 2008

Williams qualifies for “Career Offender” status under federal law. See, 21 U.S.C. § 851 (a)(1), and United States Sentencing Guidelines Manual § 4B1.1. … Congress established the seriousness of the offense charged by the enactment of § 851 which mandates a life sentence for those defendants classified as career felons.

Dabbs v. Shelter Mutual Insurance Company

District Court, W.D. Oklahoma · Sep 27, 2019

They are inadmissible, however, insofar as they diagnose her condition as avascular necrosis or state how that condition causes limitations on major life activities, for those are clearly matters beyond the realm … The Court will not consider any of Gourrier’s statements which concern other person’s thoughts or motives or otherwise qualify as hearsay.

Miller v. Legacy Bank

District Court, W.D. Oklahoma · Apr 10, 2023

The movant bears the burden “to establish that the information sought [by the subpoena] is confidential and that its disclosure will result in a clearly defined and serious injury to the moving party.” Id. … But in each circumstance, Plaintiff fails to detail how “disclosure will result in a clearly defined and serious injury.” Transcor, Inc., 212 F.R.D. at 592.

Dresser v. Dresser

164 Okla. 94 · Supreme Court of Oklahoma · Apr 11, 1933

They were as well qualified to judge of investment value as he was, for we are satisfied that there was nothing bearing upon it which she did not know. She knew all about the stock. … The stock had no established market value. He was unable to borrow money on it with which to try to get back the stock sold to the brother until the W. A. Harriman deal came up.

Southern Nazarene University v. HES Facilities Management, LLC

District Court, W.D. Oklahoma · Apr 10, 2026

As stated above, the Court is not persuaded that SNU’s campus trees and landscaping qualify as “growing crops or plants” as contemplated by Section 3-82D. … Clearly, wrongful injury to timber is not a separate claim for relief, but merely an element and measure of damages.”).

Hendershot v. Southern Glazer's Wine and Spirits of Oklahoma, LLLP

District Court, N.D. Oklahoma · Aug 9, 2021

Distributors that did not qualify as residents of Oklahoma, but that were seeking to sell alcohol in the state (e.g., national distributors), required a nonresident seller (NRS) license. Okla. … “Private actors are immune from antitrust liability for petitioning the government, even when the private actors’ motives are anticompetitive.” Sanders v. Brown, 504 F.3d 903, 912 (9th Cir. 2007).

Garrison v. Bechtel Corp.

66 O.B.A.J. 355 · Supreme Court of Oklahoma · Jan 24, 1995

In the event the local union was unable to refer job applicants to the employer within forty-eight hours, Bechtel could seek qualified workers from any source it chose. … The place of a union-initiated employment contract formation ( locus contractus ) need not be the same as the situs where company screening is to be conducted, unless hiring is clearly pre conditioned in such pre screening

Murphy v. Commissioner of Social Security Administration

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

ALJ erred in his analysis of the SSA consultative 2 In his Opening Brief, Plaintiff notes that during the administrative hearing, the ALJ recognized that he never performed the job of inserter at a level that qualified … Eckert’s opinion persuasive (AR, at 18), but clearly rejected a portion of her findings. The ALJ’s RFC limiting Plaintiff to “routine, repetitive work” may incorporate Dr.

State Ex Rel. Dabney v. Ledbetter

127 Okla. 85 · Supreme Court of Oklahoma · Oct 11, 1927

Ledbetter is reported to have been' guilty of, be investigated, heard, considered, and determined, and if said reports be established as true, that the said Hugh A. … “Comes now Edwin Dabney, the duly elected, qualified and acting Attorney General of the state of Oklahoma, and in the name of the state of Oklahoma, and upon the direction of this court to file this complaint and institute

Kahre v. Kahre

916 P.2d 1355 · Supreme Court of Oklahoma · Nov 29, 1995

Although the issue in most was whether a guardian ad litem was immune from suit by one of the parties over his handling of the guardianship, these cases are of interest here because they examine in detail the duties imposed … Educational Service Unit No. 16, 845 F.Supp. 1342 (D.Neb.1994), was a civil damage suit brought against a state-established school on behalf of mentally retarded students for alleged sexual, physical, and emotional abuse.