Case law

Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.

11 Okla. 585 · Supreme Court of Oklahoma · Jul 17, 1902

constituted a contract between the parties and there Avas no imperfection or ambiguity in the contract, evidence of parol representations made to the agent prior to the issuing of the policy could not be receiAred to explain or qualify … further and additional insurance * * */ The effect of such stipulation in a contract of insurance as well as the manner in which they may be modified or waived by agents of the company have been so thoroughly discussed and so clearly

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

Morris v. City of Tulsa

District Court, N.D. Oklahoma · Dec 15, 2020

First, the court 4 should make a preliminary finding that the expert is qualified to testify. Id. at 1232-33. … Next, the proponent of expert testimony must establish that the expert used reliable methods to reach his/her conclusion and that the expert’s opinion is based on a reliable factual basis. Id. at 1233.

Plantz v. State

65 O.B.A.J. 1968 · Court of Criminal Appeals of Oklahoma · May 20, 1994

This two part test for establishing mutually antagonistic defenses requires a defendant to both (1) exculpate himself and (2) inculpate a co-defendant. … The serious physical abuse suffered by the decedent and the attitude of the Appellant, clearly support the jury’s finding that the murder was “especially heinous, atrocious or cruel”.

Warner v. State

144 P.3d 838 · Court of Criminal Appeals of Oklahoma · Sep 26, 2006

The injuries and blood on the victim’s rectum were clearly visible when she was examined at the hospital emergency room. … Appellant has failed to establish counsel’s ineffectiveness in this instance.

Jenkins v. CACI Inc - Federal

District Court, W.D. Oklahoma · Oct 23, 2023

Because the charge of discrimination was clearly filed more than 300 days from the date she was terminated and was no longer in the office, and Shaffer has not proffered any evidence to warrant equitable tolling … Shaffer can establish the third prong of the McDonnell Douglas framework in various ways, such as “[she] was qualified for [her] job . . . and [] the job was not eliminated after [her] discharge,” “actions or remarks made

Hubbell v. State Farm Fire and Casualty Company

District Court, N.D. Oklahoma · Aug 2, 2022

Both parties have obtained expert testimony and other evidence in support of their position concerning the need to replace plaintiffs’ roof, and State Farm clearly has a legitimate basis to dispute coverage in this case. … First, the court should make a preliminary finding that the expert is qualified to testify. Id. at 1232-33.

REECE v. STATE

2025 OK CR 10 · Court of Criminal Appeals of Oklahoma · Jul 16, 2025

. ¶49 This Court is tasked with determining whether the trial court's view of the facts was clearly erroneous. … He clearly tells him that he is not the decision maker. He also tells Reece that he needs to help and give them a reason not to file for the death penalty.

Carter v. Rathburn

85 Okla. 251 · Supreme Court of Oklahoma · Mar 28, 1922

Only one of the original state Constitutions— *259 Massachusetts — gave even a qualified veto, while the Articles o,f Confederation withheld it entirely, reaching the other extreme of requiring the assent of nine states to … Clearly they relate not simply to disapproval in the mind of the Governor, but to some act of disapproval, some manner of disapproval.

Quintessa LLC v. ERB Legal Investments LLC

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

Clearly the first factor weighs in favor of the Plaintiff who chose to file this action in Oklahoma. … Federal courts are qualified to apply various states’ laws. Bartile Roofs, 618 F.3d at 1169.

Federal Deposit Insurance v. Frates

44 F. Supp. 2d 1176 · District Court, N.D. Oklahoma · Mar 30, 1999

There is, however, no evidence of record which clearly establishes the assets of the Frates Group or Mr. Frates’ percentage share of the Frates Group. … Frates' premise that the evidence clearly establishes that all parties shared the same misapprehension regarding the extent and scope of the deed warranties applicable in this case.

REECE v. STATE

2025 OK CR 8 · Court of Criminal Appeals of Oklahoma · Jul 10, 2025

. ¶49 This Court is tasked with determining whether the trial court's view of the facts was clearly erroneous. … He clearly tells him that he is not the decision maker. He also tells Reece that he needs to help and give them a reason not to file for the death penalty.

Smith v. State

83 Okla. Crim. 209 · Court of Criminal Appeals of Oklahoma · Dec 4, 1946

Error in refusing to permit to prove antecedent declarations made by deceased which would have tended to establish her death was caused by other means. “6. … In almost all of the cases we have examined, the party charged has had a license to practice medicine, and was at least qualified from a medical standpoint to administer to those upon whom the abortion was performed.

CHILDERS v. CHILDERS

2016 OK 95 · Supreme Court of Oklahoma · Sep 20, 2016

latitude in determining the division of jointly-acquired property in a divorce proceeding, 11 and its distribution of a marital estate will not be disturbed absent an abuse of discretion or a finding that the decision is clearly … Both parties had a full and fair opportunity to hire experts, present evidence, and elicit testimony to establish the value of their business entities and property. One party failed to do so.

Hill v. Buckholts

75 Okla. 196 · Supreme Court of Oklahoma · Jul 29, 1919

The foregoing excerpts from the briefs of counsel, we think, clearly state the issues of law involved in this appeal. … This rule is well established and adhered to by numerous decisions of this court. Prince v. Gosnel, 47 Okla. 570 , 149 Pac. 1162 ; St. Louis & S. F. R. Co. v.

Cunningham v. United States National Bank

6 Okla. 184 · Supreme Court of Oklahoma · Nov 8, 1897

It has been suggested, both in the application for a rehearing and the dissenting opinion filed herein, that Judge Green’s former exalted position as a member of this court should secure to him immunity from adverse criticism … duty bound, to set aside such order and disallow the expenditure, and this notwithstanding the fact that the judge of the trial court making such order may have been a wholly disinterested person and otherwise entirely qualified

Morgan v. OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASS'N

207 P.3d 362 · Supreme Court of Oklahoma · Mar 31, 2009

." [16] *371 ¶ 11 The hardship waiver process clearly adopts the due process provisions of the OSSAA's Constitution because the "Request for OSSAA Hardship Eligibility Clarification" form provides in bold lettering that " … for and is granted an exception due to hardship or other qualifying circumstance pursuant to Section 3 below....

REV. DR. MITCH RANDALL v. LINDEL FIELDS

2025 OK 91 · Supreme Court of Oklahoma · Dec 16, 2025

Provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of the state and free from sectarian control; and said schools shall always be conducted … Horse Racing Commission pursuant to Section 203.4 of Title 3A of the Oklahoma Statutes when the stewards are officiating at races or otherwise enforcing rules of the Commission, g. the board of directors of a Federally Qualified

Cline

District Court, E.D. Oklahoma · May 4, 2026

It posits, therefore, that the appeal of the amended judgment qualifies as ‘any judgment” and “relate[s] to the Appeal.” (ECF No. 706, at 4.) … Fifth, the Court’s Order approving the bond clearly incorporated the terms of the bond and guaranty agreement attached to Sunoco’s motion for bond approval. (See ECF No. 680, at 1.)

Terlecky v. Lowes Home Centers LLC

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

“When such an act qualifies as a cause, the original negligence mutates into a mere condition and as a matter of law is no longer actionable.” Lockhart, 943 P.2d at 1079 (emphasis omitted). … Here, again, the summary-judgment record does not clearly establish whether the tongue on the flower rack involved in the May 2nd incident was damaged prior to leaving the Color Ink facility, during delivery to the Store