Case law

Summer D Baxter

United States Bankruptcy Court, W.D. Oklahoma · Jan 6, 2023

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). … Thus, 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

Six v. American Fidelity Corporation

District Court, W.D. Oklahoma · Apr 28, 2023

“One way to [establish a prima facie case] is to show that (1) [Plaintiff] was a member of a protected class (2) who was terminated (3) despite being qualified for her position, and (4) the job wasn’t eliminated.” … Plaintiff relies on three categories of evidence to show she was qualified for her position.

Baxter v. Baxter

United States Bankruptcy Court, W.D. Oklahoma · Jan 6, 2023

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). … Thus, 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

Houts Law PLLC v. Amsterdam Printing & Litho Inc.

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

Co., 920 F.2d 1548, 1551-52 (10th Cir. 1990) (despite insurance agent’s prior assertions of immediate coverage, insured was bound to terms in insurance contract where he signed document that clearly stated certain conditions … Jan. 28, 2009) (party may allege equitable claim as alternative to contract-based claim but where parties’ relationship is clearly governed by a contract, i.e., when one or the other party will recover on its breach of

Harris v. Royal

District Court, W.D. Oklahoma · Jan 19, 2021

Accordingly, the Court finds that it is appropriate to permit Petitioner to supplement his previously identified evidence of adaptive behavior deficits by allowing a qualified expert to complete a formal adaptive behavior … See Smith, 935 F.3d at 1077 (“Atkins clearly establishes that intellectual disability must be assessed, at least in part, under the existing clinical definitions applied through expert testimony” and recognizing “the

Federal Deposit Insurance v. First National Bank & Trust Co.

496 F. Supp. 294 · District Court, W.D. Oklahoma · Jan 4, 1980

When returned the collateral only amounted to $1,756,489.92 and $96,653.59 of that did not conform to the loan agreement *296 as it was more than 60 days delinquent and did not qualify as collateral. … Brady, 80 Okl. 299 , 196 P. 346 (1921) hold that when the terms of a written contract *299 are plain and simple, and the language clearly shows the intent of the parties, there is no need to apply technical rules of construction

Lara

District Court, N.D. Oklahoma · Dec 3, 2025

Although Smith is clearly qualified to offer expert testimony on the general topic of erosion at Fry Ditch, this case turns on whether erosion was an undisclosed “defect” for the purposes of a single residential property … affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish

Smith v. State

306 P.3d 557 · Court of Criminal Appeals of Oklahoma · Aug 7, 2013

See 22 0.98.2001, § 1051 (establishing a erimi-nal defendant's right to appeal from a judgment rendered against him); 22 O.S. … T 55 The trial court's excusal of these four panelists, for their expressed inability to follow the law on capital punishment, is clearly supported by the record.

Federal Nat. Bank v. New York Life Ins.

57 F. Supp. 924 · District Court, W.D. Oklahoma · Nov 11, 1944

The evidence discloses that the plaintiff has so established this fact conclusively Having thus established this fact, what effect did the assignment have, so far as it concerned Allen J. Cam mack? … These provisions clearly gave the insured the right to change the beneficiary without the latter’s consent.” Under the .authorities, the conclusion is inescapable that there was no necessity for Minnie O.

Tulsa Industrial Authority v. City of Tulsa

270 P.3d 113 · Supreme Court of Oklahoma · Jun 21, 2011

The City of Tulsa (or City) established a Tax Increment District, 62 0.8.2001 § 861, and accompanying project plan pursuant to the Local Development Act, 62 0.$.2001 §§ 850-869. … A Hohfeldian plaintiff seeks to adjudicate a claimed right, privilege, immunity, or power with respect to another party. State ex rel. Macy v.

Armstrong v. Health Care Service Corporation

District Court, N.D. Oklahoma · Jan 23, 2023

committed negligence per se by violating an Oklahoma statute that expressly forbids insurers from holding PBT to a higher standard of care, and HCSC’s repeated denials of Timothy Armstrong’s request for pre-approval of PBT qualifies … However, this argument was not clearly raised or developed by HCSC, and the Court will consider the parties’ arguments concerning the viability of Timothy Armstrong’s negligence per se claim against HCSC.

Dia

District Court, W.D. Oklahoma · Mar 6, 2026

The undersigned’s reading is bolstered by the fact that § 1225 establishes an inspection scheme for when to let aliens into the country. … And while a noncitizen arrested in the Midwest might qualify as “an alien present in the United States who had not been admitted,” § 1225(a)(1), the mandatory detention provision upon which Defendants rely, limits its

Taylor v. Insurance Co. of North America

25 Okla. 92 · Supreme Court of Oklahoma · Nov 9, 1909

clause of the present policy was prepared, and it does not seem to be an intemperate use of the imagination to draw the inference that it was prepared in view of the decisions to which I have referred, and to meet them by establishing … rule that, if the language of a statute or contract, read in the order of its clauses, presents no ambiguity, courts will not attempt, through transposition of clauses or ingenious argument as to the general intent, to qualify

Lindsay v. United States

District Court, W.D. Oklahoma · Sep 20, 2021

establish that there was a disclosure, summary judgment for the defendant is appropriate. … that a wrongful disclosure occurred, “when the individual pieces of evidence in this case are viewed together, a picture of wrongful disclosure clearly emerges.”

Strickland

District Court, W.D. Oklahoma · Apr 14, 2026

Strickland opposed that motion and filed a Motion for Proof of Authority, arguing (1) Discovery Products, Inc., not Discover Bank, was the proper party in interest, (2) Stephen Bruce & Associates had not established its … Stan Lee Media, 774 F.3d at 1298 (citation omitted) (finding the Ninth Circuit’s prior dismissal for failure to plead a viable cause of action qualified as a final adjudication on the merits).

Wiley v. Lewis

152 Okla. 173 · Supreme Court of Oklahoma · Oct 13, 1931

on the-day of March, 1929, he was by the county court of Okmulgee county, Okla., duly appointed guardian of the persons and estates of the said Chote Fish and Louinachee Pish, minors, and he thereupon gave bond and duly qualified … It thus appears that the will was established in the county court; that the proponent of the will died pending the time of the appeal, and its being lodged in the district court.

SHEPARD v. STATE

2023 OK CR 15 · Court of Criminal Appeals of Oklahoma · Sep 21, 2023

Appellant argues although "a shooting clearly occurred, the evidence reflects randomness and an attempt to escape rather than malice aforethought[.]" … Appellant's allegation is based on nothing more than speculation and does not establish bias.

Ramirez v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Mar 25, 2025

’s own “statement of symptoms, a diagnosis, or a medical opinion” is not sufficient to establish the existence of an impairment. 20 C.F.R … However, the ALJ clearly found this portion of Dr. Horton’s opinion persuasive, incorporating it into the RFC.

Asatov

District Court, W.D. Oklahoma · Jun 22, 2026

He asserts that [a]n Immigration Judge determined that I qualify for asylum and allowed me to remain in the United States. … The Government Should Be Required To Establish Flight and/or Dangerousness By Clear and Convincing Evidence.

Hancock v. State

155 P.3d 796 · Court of Criminal Appeals of Oklahoma · Mar 9, 2007

Heuske could not conclusively establish the sequence of shots fired in the case relative to wounds inflicted on Jett and Lynch. … If believed, Gould's testimony established that Appellant had seen Gould at some point the morning after the shootings.