Case law

Compsource Mut. Ins. Co. v. Oklahoma Tax Commission

435 P.3d 90 · Supreme Court of Oklahoma · Jun 26, 2018

Section 173 was repealed by the Legislature in 2011. 1 Consequently, the taxpayers do not qualify for a rebate of the 2015 MITF assessments. ¶2 Moreover, the Legislature created the MITF assessment and rebate scheme in 2002 … No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor

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

Ray v. Pittman

District Court, E.D. Oklahoma · Mar 25, 2022

“Section 1983 provides a federal civil remedy for the ‘deprivation of any rights, privileges, or immunities secured by the Constitution’ by any person acting under color of state law.” McCarty v. … Plaintiff, however, clearly has failed to make this showing.

Rodgers v. Refresco U.S., Inc.

District Court, E.D. Oklahoma · Aug 11, 2021

The presumption, however, “‘may be rebutted . . . if the text of the charge clearly sets forth the basis of the claim.’” Id. … First, Plaintiff pleaded facts making it plausible that he was qualified for his position as a blender.

STATE EX REL. DEPT. OF TRANSP. v. Mehta

180 P.3d 1214 · Court of Civil Appeals of Oklahoma · Feb 11, 2008

Nonetheless, the Trial Court's reference to the "taking" of Property C is clearly and repeatedly qualified. … Nonetheless, the language clearly provides for an appeal of issues related to any jury trial.

Saunders v. State

4 Okla. Crim. 264 · Court of Criminal Appeals of Oklahoma · Nov 23, 1910

Both are clearly admissible.” … And the statements that threats are admissible to mitigate the offense and to show the purpose and motives of the deceased in making the attack, are not true except in a very qualified sense.

Brown v. Farris

District Court, N.D. Oklahoma · May 25, 2021

North Fork Correctional Center (NFCC) violated his right to due process by interfering with his access to his legal property and his access to the Court, failing to provide an adequate law library, and failing to provide qualified … Nor could he prevail on that claim as this court previously determined that Brown’s “sentences were all within the sentencing ranges for the crimes charged, as established under Oklahoma law.”

In Re the Oklahoma Capitol Improvement Authority

74 O.B.A.J. 1722 · Supreme Court of Oklahoma · Jun 3, 2003

This sensus literalis approach to the meaning of a particular word is followed unless the context furnishes some ground to control, qualify, or enlarge the meaning. State ex rel. Ogden v. … The funds are allocated to a specific state agency with its duties established by law. The Governor must work within the framework of capital expenses for capital projects within the scope of the Department’s duties.

Viviani v. Coffey and Associates Inc

District Court, W.D. Oklahoma · May 12, 2023

burden-of-proof scheme established in McDonnell Douglas Corp. v. … Green, 411 U.S. 792 (1973).90 Under that scheme, a plaintiff must first establish a prima facie case of retaliation.91 To establish a prima facie case of retaliation under the FLSA, a plaintiff must show

Sulzberger Sons Co. of Okla. v. Strickland

60 Okla. 158 · Supreme Court of Oklahoma · Jun 6, 1916

E. 69 , the same court, in holding that a screw conveyor was within the statute, said that the word ‘all’ qualifies each class or genus of things specified, and leaves nothing of any class mentioned for the general words … Clearly the ‘trimmer machine’ must be held to be embraced within this phrase. Green v. American Car & Foundry Co., 163 Ind. 135 , 71 N. E. 268 ; Inland Steel Co. v. Kachwinski, 151 Fed. 219 , 80 C. C.

St. Louis S. F. R. Co. v. Goode, Adm'x.

42 Okla. 784 · Supreme Court of Oklahoma · May 12, 1914

After Goode’s death his widow qualified as administratrix and' brought a new action to recover the damages allowed by statute to the widow and next of kin. … This evidence was for the evident purpose of establishing .the former, recovery, on the theory that it was a bar and complete defense in this suit.

Graham v. National Union Fire Insurance Company

District Court, W.D. Oklahoma · Aug 8, 2025

The parties do not dispute the Policy constitutes a contract, nor do they dispute any facts establishing contract formation. … Here, as NUFIC acknowledges, Holt clearly was not running away or intending to leave the vehicle for any prolonged period of time.

Cassel v. Truss Communications

District Court, N.D. Oklahoma · Oct 9, 2025

But the presumption may be rebutted “if the text of the charge clearly sets forth the basis of the claim.” Id. … The ADA recognizes certain mental health conditions as qualifying disabilities.

Lazy S Ranch Properties, LLC v. Valero Terminaling and Distribution

District Court, E.D. Oklahoma · May 5, 2025

Miller is qualified to offer opinions on the state of the Wynnewood pipeline. … Macbeth is qualified to offer her opinions.

Kerr-McGee Corp. v. Admiral Insurance Co.

66 O.B.A.J. 3056 · Supreme Court of Oklahoma · Oct 3, 1995

Clearly, the ordinary meaning of "sudden" cannot describe the gradual routine disposal of industrial waste that occurred over a number of years. … Clearly, these policies were not drafted for understanding by the common person.

Torres v. Cintas Corp.

672 F. Supp. 2d 1197 · District Court, N.D. Oklahoma · Nov 13, 2009

It is not sufficient that the employer had knowledge of a risk of injury to its employees, but the evidence must establish that the employer acted or failed to act with actual knowledge of a substantial certainty that its … Although plaintiff does not address the applicability of § 109 to Lavatech, the Court also finds that Lavatech qualifies as a person “performing or furnishing the design, planning, supervision or observation of construction

Atchison v. City of Tulsa, Oklahoma

District Court, N.D. Oklahoma · Apr 27, 2023

Plaintiff does not argue that any specific document on the privilege log is not fully described or that any of the documents would not qualify as work product in the ordinary case.8 Instead, Plaintiff hangs his hat on … Here, Plaintiff arguably has established a substantial need for documents labeled TCDA PL 0061 through 0072.

Johnson v. Moon

District Court, W.D. Oklahoma · Oct 5, 2021

However, it is not necessary to resolve whether Heck applies because Plaintiff’s claims are clearly untimely. … However, Plaintiff’s subjective beliefs regarding the ethical duties of a United States Marshal are not sufficient to establish unlawful acts on the part of Defendant Moon.

Bynum v. Strain

95 Okla. 45 · Supreme Court of Oklahoma · Sep 14, 1923

Strain, was, on the date named, the duly qualified and acting Bank Commissioner of the state, under regular appointment of the Governor; that while thus acting, the Governor, by executive order, attempted to remove him from … It provides for a determination of a different character of offenses, and the two sections, viewed together, serve only to show more clearly the legislative recognition of the distinction between the two character of offenses

Perkins v. Masek

366 P.2d 101 · Supreme Court of Oklahoma · Nov 27, 1961

That a judgment establishing the validity of a void tax ded, which deed was attached to the petition as an exhibit, is good against the world. … However, we have qualified this rule by holding if a tax deed itself contains a description which identifies and furnishes an unmistakable clue as to the identity of the land, and its location can be definitely ascertained