Case law

Allen v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · May 4, 2023

The Ruling also provides that “only a primary headache disorder” qualifies “as an MDI.” Id. at *5. … Plaintiff’s headache disorder is clearly secondary to his traumatic brain injury suffered in November 2016.

STATE OF OKLAHOMA ex rel OBA v. DURBIN

2025 OK 77 · Supreme Court of Oklahoma · Oct 21, 2025

Respondent did not make a record of facts at his trial panel hearing concerning the motions to quash, and he cannot rely upon allegations of fact raised in a post-hearing motion as if they qualify as facts shown of record … If Hirstov was respondent's client then respondent clearly violated the ORPC and RGDP as indicated by the trial panel.

Ballard

District Court, N.D. Oklahoma · Jan 16, 2026

The party invoking the jurisdiction of a federal court has the burden to establish Article III standing. New England Health Care Emps. Pension Fund v. … The parties do not dispute that the state court proceedings are criminal prosecutions that could qualify as an exceptional circumstance warranting Younger abstention.

Iski

District Court, E.D. Oklahoma · Jan 16, 2026

The party invoking the jurisdiction of a federal court has the 7 burden to establish Article III standing. New England Health Care Emps. … The parties do not dispute that the state court proceedings are criminal prosecutions that could qualify as an exceptional circumstance warranting Younger abstention.

In re Latshaw Drilling, LLC

481 B.R. 765 · United States Bankruptcy Court, N.D. Oklahoma · Oct 12, 2012

The promise should not be found unless it can be clearly implied from the language and purpose of the *796 entire agreement and the surrounding facts and circumstances. … This determination was not clearly erroneous. Id. at 524. . Conner & Winters did not bill for any services in the “Credit Agreement” category. .

Barnes v. Lynch

9 Okla. 156 · Supreme Court of Oklahoma · Nov 7, 1899

It was clearly the intention of the appellant to take the money only upon failure to reverse the judgment on appeal. * * When the offer was made to allow a judgment to be entered for the refunding of the money paid in discharge … Latham, 143 U.S. 556 , that: "We have no desire to weaken or qualify in any way the wholesome doctrine laid down by this court in the case of Michoud v.

Swank v. Regional University System of the Oklahoma Board of Regents

District Court, E.D. Oklahoma · Jul 12, 2024

A funding recipient may only be considered “deliberately indifferent” “where [its] response to the harassment or lack thereof is clearly unreasonable considering the known circumstances.” Davis, 526 U.S. at 648. … Generally, “petty slights, minor annoyances, and simple lack of good manners” do not qualify. White, 548 U.S. at 68.

Bobby Lee Smith

United States Bankruptcy Court, W.D. Oklahoma · Jul 28, 2022

An exemption is presumed to be valid, and the objecting party, here the Trustee, bears the initial burden of producing evidence to rebut the presumption and establish by 1The Debtor testified that he had driven the golf cart … As stated above, there is no Oklahoma precedent on the identical issue presented to this Court, as to whether a golf cart can qualify as an exempt “motor vehicle” within the definition of 31 O.S. § 1(A)(13).

Samuels-Boswell v. Social Security Administration

District Court, E.D. Oklahoma · Apr 8, 2020

When the ALJ’s paragraph B analysis is applied to Listing 12.05B, the claimant does not meet the significant deficits in adaptive functioning requirement and is therefore precluded from qualifying under this listing … Bryant’s assessment, the claimant’s MOCA score, and the claimant’s hearing testimony, and her opinion clearly indicates that she adequately considered the medical evidence of record in reaching her conclusions regarding

Chrisman v. Oklahoma County Board of County Commissioners

District Court, W.D. Oklahoma · Nov 30, 2020

Bernard, 452 U.S. 89, 102 n.16 (1981) (internal quotation marks omitted) (to establish good cause for a protective order, courts require “a particular and specific demonstration of fact, as distinguished from stereotyped … unqualified persons were hired at low pay, that the jail was grossly understaffed, that jail funds were misappropriated, or that a lack of funding contributed to the county’s failure to attract qualified personnel.

Smith v. Social Security Administration

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

Standard of Review The Social Security Act (Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … The hypothetical questions should reflect the specific capacity/limitations established by the record as a whole.

Klintworth v. Valley Forge Insurance Company

District Court, N.D. Oklahoma · Mar 3, 2021

Under Oklahoma law, the burden of establishing a UIM claim is on the insured. … Defendant clearly hired Wheeler to review plaintiff’s claims and evaluate what plaintiff was legally entitled to under the policy and Oklahoma law.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BAILEY

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

Collins clearly had an impression respondent could influence the prosecutors. … Gassaway , 2008 OK 60 , ¶ 56, 196 P.3d 495 , 507 ("evidence clearly contradicted several of [a person's] versions of events ...

Rouse v. United States

District Court, W.D. Oklahoma · Dec 4, 2023

Because Defendant was clearly advised of the penalty provision and the applicable maximum penalty, she has failed to demonstrate either deficient performance or prejudice and her claim necessarily fails. B. … The parties further agreed that Defendant should receive a 2-level downward adjustment for acceptance of responsibility, and to the extent the Court found Defendant qualified for the downward adjustment, the Government

Latham v. Social Security Administration

District Court, N.D. Oklahoma · Mar 30, 2023

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability … Additionally, the plaintiff’s brief confusingly combines its discussion of the plaintiff’s physical complaints with her mental limitations, often without clearly explaining how the plaintiff is more limited than

Morgan v. Provident Life and Accident Insurance Company

District Court, W.D. Oklahoma · Mar 30, 2023

November 21, 2019, stating that Plaintiff had Total Disability coverage beginning March 17, 2019, and Residual Disability 6 The 1990 Amendment “liberalized” the requirement “to be under the care of a Physician in order to qualify … Clearly then, Plaintiff is required to show a causal connection between his March 2019 injury or sickness and his continued loss of work income. 12 Defendant points to the inclusion of an appropriate care requirement

Warmoth v. Medtronic Inc

District Court, W.D. Oklahoma · Jun 9, 2023

The Supreme Court has established a two-part test to evaluate a claim for express preemption: (1) “whether the Federal Government has established requirements applicable to” the medical device; and (2) whether … immune from state tort suits that seek to impose different or additional safety-related duties like those alleged here.” Caplinger, 784 F.3d at 1345; see also Carrelo v. Advanced Neuromodulation Sys., Inc., 777 F.

Jennings v. Social Security Administration

District Court, N.D. Oklahoma · Sep 30, 2022

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability … She also stated she has not started physical therapy yet, but clearly it has been recommended, as discussed below[.

Terry v. Bear

District Court, N.D. Oklahoma · Sep 23, 2019

To demonstrate “cause,” the prisoner must “show that some objective factor external to the 11 As used in § 2254(d)(1), the phrase “clearly established Federal law” means “the governing legal principle or principles” … Petitioner does not clearly identify which part of Detective Morris’s testimony Petitioner believes qualifies as inadmissible “testimonial” hearsay under Crawford.

Comfort Jet Aviation, Ltd

United States Bankruptcy Court, W.D. Oklahoma · Oct 14, 2022

While DFJ, but not Kent, has challenged the Liquidator’s satisfaction of the existence of a “foreign proceeding” under factor (1), the Court finds that the Liquidator has clearly met the requirements of there being a … The location of the debtor's COMI is the sole criterion for qualifying as a foreign main proceeding.