Case law

Reed

District Court, N.D. Oklahoma · Mar 25, 2026

Restatement (Second) of Torts § 577 (1977).5 Under Oklahoma law, however, intracompany communications do not qualify as publications. Starr v. … The existence of the requisite state of mind to destroy a qualified privilege is “normally a question of fact.”

Vue v. Dowling

District Court, N.D. Oklahoma · Jun 22, 2022

On June 18, 2021, Defendant Bradley Rogers, the DCCC’s STI Agent, informed Vue that, based on information in Vue’s file, Vue had two points under the STI system, qualifying him as an “associate” of the Sureños. … The Court must identify any cognizable claim and dismiss any claim which is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. v. LOWE

District Court, W.D. Oklahoma · Feb 25, 2022

P., on the claim for relief which most clearly remains in dispute, specifically, PETA’s claim that it is entitled to a declaration that Lowe’s past acts with respect to the lions identified as Amelia, Leo, Nala and Kahari … Lowe’s failure to provide adequate nutrition to the lions was a cause of painful, injurious bone deformities, injuries to the lions’ growth and immune systems, and other preventable injuries documented in the

McGinley v. American Dump Trucks Inc

District Court, W.D. Oklahoma · Sep 30, 2021

Section 11-309(2) provides that “[w]henever any roadway has been divided into two or more clearly marked lanes for traffic, . . . … violation of title 47, section 6-307 of the Oklahoma Statutes, which prescribes that “[a]ny person . . . who is the owner of any motor vehicle and knowingly permits such motor vehicle to be operated by any person who is not qualified

Miller v. Dow (In Re Lexington Oil & Gas Ltd.)

423 B.R. 353 · United States Bankruptcy Court, E.D. Oklahoma · Jan 27, 2010

The defendants claim that the transactions qualify as valid secured loans that were properly repaid from proceeds of liquidated collateral. All in all, a very interesting and complex question. … Instead, Dow and Cox argue that the only evidence before the Court established that the combined operations of Resources and Oak Hills were insolvent in 2007, and that such evidence is insufficient to establish that Oak Hills

Van White v. State

70 O.B.A.J. 870 · Court of Criminal Appeals of Oklahoma · Mar 10, 1999

State, 1994 OK CR 74 , 885 P.2d 678 , Appellant now contends the Information in the present case was clearly insufficient. ¶ 13 We find, the Information in the instant case clearly set forth sufficient facts to allege the … However, based on the prosecutor’s erroneous understanding of the law, said reason was insufficient to establish a race-neutral explanation.

Baxter v. Baxter

United States Bankruptcy Court, W.D. Oklahoma · Jan 26, 2023

In order to establish that a debt for attorney fees and costs is “in the nature of alimony, maintenance or support” of a debtor's child, a plaintiff must establish that the attorney fees and costs were awarded to a parent … Yeates, 807 F.2d at 878 (debt could be considered in `nature of support’ under federal bankruptcy law, even though it would not qualify as support under state law).

COMPSOURCE MUTUAL INSUR. CO. v. STATE ex rel. OKLA. TAX COMM. and OKLA. ASSOC. OF ELECTRIC SELF INSURERS FUND v. STATE OF OKLA. TAX COMM.

2018 OK 54 · Supreme Court of Oklahoma · Jun 26, 2018

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 … Section 173 was repealed by the Legislature in 2011. 1 Consequently, the taxpayers do not qualify for a rebate of the 2015 MITF assessments.

Landrum-Ellis

United States Bankruptcy Court, N.D. Oklahoma · Jan 12, 2026

D.N.J. 2002) (“[I]t would be no small rupture in the policy voiding waivers if an attorney were permitted to assert the waiver as a misrepresentation qualifying the fee-based debt for a § 523(a)(2)(A) exception to discharge … While no evidence was presented of how much Defendant ultimately received from the divorce settlement, it was clearly less than she had anticipated.

Skyline Air Ops, Inc. v. Conkle

United States Bankruptcy Court, W.D. Oklahoma · May 28, 2025

Skyline clearly felt Allen’s testimony established its Section 523(a)(2)(A) and (a)(6) claims, but Skyline was mistaken. … To qualify as a willful injury under Section 523(a)(6), “there must be a deliberate or intentional injury, not merely a ‘deliberate or intentional act that leads to injury.’” First Am.Title Ins. Co. v.

Hurt v. State

312 P.2d 169 · Court of Criminal Appeals of Oklahoma · May 29, 1957

Defendant established that in his testimony confessing his guilt and implicating Robert O. … Though Massad denied this, the evidence was clearly to the contrary. Even excerpts from the tape recording elicited by Massad from Hurt verified attorney-client relationship.

Ferrell v. Walton

District Court, N.D. Oklahoma · Jun 6, 2023

who are sued in both their individual and official capacities, seek dismissal of the claims raised against them on the bases that the allegations fail to state a cognizable claim for relief and that they are entitled to qualified … immunity.

Atlantic Richfield Co. v. Lujan

811 F. Supp. 1520 · District Court, N.D. Oklahoma · Dec 22, 1992

Clearly, the Secretary of the Interior has a continuing right and obligation to audit and reconcile lease accounts. 30 U.S.C. § 1711 (c). … The interim payments procedure was established under the terms of 42 U.S.C. § 1395f(b) and 20 C.F.R. § 405.451 (a). 12 .

Karen Johnson, individually and as Personal Representative of the Estate of Matilda Tidwell, deceased v. PF Crystal Park SNF OPS, LLC; & Stonegate Senior Living, L.P.

District Court, W.D. Oklahoma · Dec 23, 2025

Pursuant to 42 C.F.R. § 483.70(d)(1), qualifying skilled nursing facilities “must have a governing body, or designated persons functioning as a governing body, that is legally responsible for establishing and implementing … The names of the members of the governing board who establish the policies are clearly relevant to Plaintiffs assertions of Defendant’s direct negligence.

SE Property Holdings, LLC v. Stewart

United States Bankruptcy Court, W.D. Oklahoma · Oct 5, 2023

Only evidence that is “clearly inadmissible on all potential grounds” should be excluded on a motion in limine. … The proponent of the evidence bears the burden of establishing that the admissibility requirements are met by a preponderance of the evidence. See Bourjaily v.

Cyprus Amax Minerals Company v. TCI Pacific Communications, Inc.

District Court, N.D. Oklahoma · Mar 31, 2021

TCI argues that Gravel is not qualified to offer expert testimony on the issue of compliance with the NCP, because he lacks training and expertise and he has not previously been qualified as an expert on this issue. … The Tenth Circuit has determined that a party qualifies as an “arranger” if three elements are established: “(1) the party must be a ‘person’ as defined in CERCLA; (2) the party must ‘own’ or ‘possess’ the hazardous substance

McSorley v. Hertz Corp.

885 P.2d 1343 · Supreme Court of Oklahoma · Nov 8, 1994

minimum standards of protection, is to place the insured in the same position as if the negligent uninsured motorist had complied with the Oklahoma laws concerning financial responsibility. [25] The uninsured motorist statute clearly … But the Court has not even established that the customer has obtained liability coverage through the rental company.

Green v. Oklahoma Gas and Electric Services Corporation

District Court, W.D. Oklahoma · Mar 12, 2025

The Supreme Court recently clarified that an adverse employment action need not be “significant” in order to qualify as such. Muldrow, 601 U.S. at 355. … This clearly alleges Plaintiff’s work schedule is to accommodate her disability.

Forbes v. Social Security Administration

District Court, N.D. Oklahoma · Jul 12, 2022

Furthermore, the ticket seller job involves a “Level 3 – Moderate” noise level, which is clearly consistent with the RFC limiting Plaintiff to a moderate noise intensity level. DOT 211.467-030. … There is no magic number that qualifies as a “significant number” of jobs. See Trimiar v. Sullivan, 966 F.2d 1326, 1330 (10th Cir. 1992).

Hughes Tool Co. v. Ford

114 F. Supp. 525 · District Court, E.D. Oklahoma · Jul 2, 1953

He is a very intelligent and well qualified engineer who made a most capable witness. … Clearly, a patent is in itself a limited monopoly, authorized by law, if used without abuse.