Case law

United States, Ex Rel. v. C., O. G. R. R. Co.

3 Okla. 404 · Supreme Court of Oklahoma · Sep 7, 1895

where relief is sought merely for the protection *Page 471 of private rights, the relator must show some separate and distinct personal interest in the matter, since he is regarded as the real party and his rights must clearly … The power given by these acts was by the act of August 24, 1894, vested in the defendant railroad company with "all the powers, rights, immunities, *Page 488 privileges and franchises which have been heretofore granted to

Watkins v. Property Management Service Incorporated

District Court, W.D. Oklahoma · Feb 16, 2024

To establish a prima facie case, Plaintiff generally must show: (1) [he] is a member of a racial minority; (2) [he] applied for and was qualified to … Although not clearly articulated, the following reasons can be gleaned from Defendants’ argument: 1) Defendants do not control which properties are included in PMSI’s rent-to-own program, and the residence Plaintiff was

McKay v. Habti

District Court, N.D. Oklahoma · Nov 24, 2020

A habeas court will first analyze whether federal law “was clearly established by the Supreme Court at the time of the state court judgment.” Byrd v. Workman, 645 F.3d 1159, 1165 (10th Cir. 2011). … Significantly, the Supreme Court holds in cases where it has not established a bright line rule, “it is not ‘an unreasonable application of’ ‘clearly established Federal law’ for a state court to decline to apply a specific

Integrity Directional Services, LLC

United States Bankruptcy Court, W.D. Oklahoma · Jan 17, 2020

A technical defect in a proof of claim clearly may be cured by amendment. In re International Horizons, Inc., 751 F.2d 1213, 1216 (11th Cir. 1985). … There were four cases listed as finding a motion to lift stay an informal proof of claim, and six cases finding that the motion did not so qualify.8 The document illustrates the split of authority on the issue, understandable

Anixter v. Home-Stake Production Co.

76 F.R.D. 351 · District Court, N.D. Oklahoma · Jul 29, 1977

The Court finds and holds that this factor has been established. … While any factual determination of the merits at this stage of the proceedings is clearly prohibited by Eisen v.

DuLaney v. Oklahoma State Department of Health

64 O.B.A.J. 2845 · Supreme Court of Oklahoma · Sep 21, 1993

The same statute states, specifically, clearly, and without ambiguity, that before excavation on adjoining property commences, an adjacent landowner is entitled to "previous reasonable notice." … 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

Van Huss v. Bill's Electric, Inc. DO NOT FILE IN THIS CONSOLIDATED CASE. All Filings to be Made in Lead Case 24-CV-213-SH Only

District Court, N.D. Oklahoma · Oct 6, 2025

However, Van Huss asserts that “there is no evidence these notes were ever shared with Plaintiff” and that the exhibit “is clearly a post-hoc attempt to cover BEI’s termination of Plaintiff because of his age.” … Van Huss, therefore, qualified as an exempt administrative employee. V.

Betterton v. World Acceptance Corporation

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

employment while he was receiving cancer treatment, Plaintiff’s claim is not preempted by ERISA. 7 Plaintiff does not contest that the argument of counsel at the hearing qualifies … Finally, the record as to Plaintiff’s coercion allegations remains too unclear to establish complete preemption.

Scuderi v. Mammoth Energy Services Inc

District Court, W.D. Oklahoma · Sep 13, 2019

“Courts recognize that, while the appointment of counsel is subject to the court’s approval, [s]electing a lawyer in whom a litigant has confidence is an important client prerogative and . . . the [PSLRA] clearly leaves … In reviewing a movant’s selection of lead counsel, the court should consider whether counsel is “qualified, experienced[,] and able to vigorously conduct the proposed litigation.” Darwin v.

Van Huss v. Bills Electric, Inc.

District Court, N.D. Oklahoma · Oct 6, 2025

However, Van Huss asserts that “there is no evidence these notes were ever shared with Plaintiff” and that the exhibit “is clearly a post-hoc attempt to cover BEI’s termination of Plaintiff because of his age.” … Van Huss, therefore, qualified as an exempt administrative employee. V.

Gallegly v. Cordell Memorial Hospital Foundation

District Court, W.D. Oklahoma · Dec 19, 2023

“While the 12(b)(6) standard does not require that Plaintiff establish a prima facie case in [the] complaint, the elements of each alleged cause of action help to determine whether Plaintiff has set forth a plausible claim … Defendants’ claim of qualified privilege suffers from the same defect as their argument regarding Defendants’ primary intent.

Garrett Development LLC v. Deer Creek Water Corporation

District Court, W.D. Oklahoma · Aug 16, 2021

The evidence at trial clearly showed that Deer Creek is requiring Garrett to bear all risks associated with drilling the four wells. The well construction, however, is under Deer Creek’s purview. … To qualify for protection from curtailment, the water provider must (1) have a continuing indebtedness to the FmHA and (2) have provided or made service available to the area. Rural Water Dist.

In Re Miller

444 B.R. 446 · United States Bankruptcy Court, N.D. Oklahoma · Jan 18, 2011

They have established that the sum of $450,000 was transferred to Miller. They have presented documentary evidence establishing that Miller acknowledged the validity of the Bullock Claim on several occasions. … In addition, the evidence establishes that Miller affirmatively stated to the IRS that the Bullock Claim was a debt. Numerous billing statements were presented establishing the amount of the Bullock Claim.

Matter of Estate of Nation

834 P.2d 442 · Supreme Court of Oklahoma · Jun 30, 1992

This takes place when claimants, as the children here, seek to establish their share and hence affect the distribution regime under the will. 29 By applying for a statutory share of the estate, the children brought a contest … The issues before us are clearly outside the probate’s mainstream.

SFF-TIR, LLC v. Stephenson

264 F. Supp. 3d 1148 · District Court, N.D. Oklahoma · Aug 29, 2017

establishes that the Defendants bear the burden to show the merger was fair. … That statement is true, but here, the Defendants do not point to anything that *1246 could qualify as a procedural protection.

Duncan v. Social Security Administration

District Court, N.D. Oklahoma · Sep 29, 2022

Devere continued to state that he lacked sufficient proof to establish the medical cause of plaintiff’s symptoms. Id. at 120-127. The ALJ found that Dr. … First, the ALJ must determine whether the medical opinion qualifies for “controlling weight.” Id.

MARTIN v. PHILLIPS

422 P.3d 143 · Supreme Court of Oklahoma · Jun 26, 2018

The mother moved for partial summary adjudication in the case, arguing that Phillips's conviction for the crimes establishes his liability for the torts. … If the court must qualify an Alford plea as one or the other, as the majority suggests, I would find that an Alford plea more closely resembles a plea of nolo contendere .

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

District Court, E.D. Oklahoma · Dec 7, 2022

welding would be performed by a qualified welder or welding operator in accordance with welding procedures qualified under Section 5, Section 12, Appendix A, or Appendix B of API Standard 1104, or Section IX of … Even if Plaintiff could establish an injury, Plaintiff fails to establish that it was caused by Defendants.

Schovanec v. Archdiocese of Oklahoma City

188 P.3d 158 · Supreme Court of Oklahoma · Jul 2, 2008

I 14 Schovanee argues that Father Imming had minors spend the night with him and took minors on trips, and that this qualifies as a form of sexual abuse as recognized in the church. … The materials cited do not clearly state what Schovanee represents them to state. The referenced two exhibits are the depositions of Archbishops Beltran and Quinn.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BAILEY

2023 OK 34 · Supreme Court of Oklahoma · Apr 4, 2023

The panel found the allegations on all counts to be established and recommended respondent be suspended for the practice of law for two years and one day. … Collins clearly had an impression respondent could influence the prosecutors.