Case law

Winfrey v. Nunn

District Court, N.D. Oklahoma · Dec 9, 2024

2004-4372 is Indian; (6) that he has “a significant blood quantum of 91% African aboriginal”; (7) that he has “full equity in tandem with members of the Five Tribes as long as American Indians have the right privilege or immunity … the extent the state district court’s determination that Winfrey is not Indian constitutes a factual finding, Winfrey’s allegations that he is a Chickasaw Freedman or a descendant of Chickasaw or Creek Freedmen do not clearly

Cherokee Nation v. CVS Pharmacy, Inc.

District Court, E.D. Oklahoma · Mar 29, 2021

Second, Section 57 as a whole is very clearly concerned with defective products and limiting liability arising from such claims—it is titled “Inherently Unsafe Product Liability Limitation.” See Okla. … The most important consideration in establishing duty is foreseeability.

Allianz Life Insurance Company of North America v. Muse

District Court, W.D. Oklahoma · Oct 26, 2020

that the Policy provision at issue does not preclude the possibility that a caregiver might be nominally labeled as an independent contractor but in actual fact supervised by a Home Health Care Agency and, therefore, qualify … (“When an insurer desires to limit its liability under a policy, it must employ language that clearly and distinctively reveals its stated purpose.”); Am. Econ. Ins. Co. v.

Smith v. Coyle Public Schools

District Court, W.D. Oklahoma · Sep 10, 2021

As to the initial suspension, the undisputed facts establish that Mr. Smith, as the principal of the school, had the authority to discipline P.M.S. for hitting another student. The facts also establish that Mr. … In Patrick, the Tenth Circuit denied qualified immunity where there was evidence that the hearing officer was given a prepared memorandum finding the employee should be terminated in advance, and the hearing officer felt

Marquez-Burrola v. State

157 P.3d 749 · Court of Criminal Appeals of Oklahoma · Apr 17, 2007

Section 2408, as amended, is not immune to the overarching principles of admissibility found in the Evidence Code. 33 In this case, the prosecutor offered a single photograph of Enriqueta on the day she married Appellant. … All of the mitigating evidence, viewed together, clearly outweighed the evidence supporting the aggravating cireumstances.

Webb v. Social Security Administration

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

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability … See SSR 16-3p (ALJ’s decision must provide “specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any subsequent

Mccoy v. Social Security Administration

District Court, N.D. Oklahoma · Dec 20, 2023

Standard of Review The Social Security Act (Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … But the plaintiff’s brief clearly asserts that the ALJ could not properly rely on the plaintiff’s failure to pursue treatment, when the plaintiff presented evidence that he could not afford further surgeries or physical

HENSLEY v. STATE FARM FIRE AND CASUALTY CO.

398 P.3d 11 · Supreme Court of Oklahoma · Jun 20, 2017

of the United States, 55 the court stated where evidence is introduced concerning a doubt as to what party is to receive the benefit of an insurance policy, parol evidence is admissible; and although the insurance policy clearly … May, 2006 OK 100, ¶ 25 , 151 P.3d at 141 ("One to whom, by the express terms of a contract, no obligation is due from its promissor, cannot qualify for the status of an intended or impjied third-party beneficiary.''). 22

Hamilton

District Court, N.D. Oklahoma · Mar 23, 2026

But even if he had, this Court is not persuaded that the state district court’s merits adjudication of claim three resulted in a decision that is either contrary to or based on an unreasonable application of clearly established … Even assuming without deciding that a prison lockdown of unspecified duration qualifies as an extraordinary circumstance, this does not provide Mr.

TINKER FEDERAL CREDIT UNION v. LITICKER

2023 OK CIV APP 6 · Court of Civil Appeals of Oklahoma · Apr 11, 2022

. § 2-408 of the UCCC, 7 he argued neither dealer had a security interest in the collateral of the other, nor do subsequent assignees qualify as sellers. Finally, Mr. … The burden of establishing lack of good faith is on the party against whom the power has been exercised .

Gilbert v. Dollar General Corporation

District Court, W.D. Oklahoma · Aug 14, 2024

The Court generally notes that the issue of punitive damages will be addressed, if appropriate, under the framework established by 23 OKLA. STAT. § 9.1, and would proceed, if at all, in two phases. … Parties refrain from testifying about any statement or propounding any question related to comments or statements made by the Plaintiff to any healthcare provider because such statements would be hearsay and not qualify

United States v. Hardage

750 F. Supp. 1460 · District Court, W.D. Oklahoma · Oct 16, 1990

Davis’ opinion, he was qualified to render such a view. Mr. Davis is the hazardous waste director for the EPA’s Region VI. V at 1174-79. 28. … The NCP is the EPA regulation that establishes procedures for selection of response actions.

Harvey Blake Haddock

United States Bankruptcy Court, N.D. Oklahoma · Mar 15, 2023

he earns no “monthly gross wages, salary, and commissions.”26 When asked why he did not disclose his receipt of the ADP Funds or other so-called compensation here, he stated: “Because on a monthly basis, there is no established … The cash on hand and ADP Funds are distributions based on Haddock’s ownership of HARG, and do not qualify for exemption under the Oklahoma Wage Exemption Statutes.

Tyler v. United States

District Court, W.D. Oklahoma · Jan 6, 2025

Thus, assuming the foundational testimony establishes that Mrs. … Under Rule 701, a lay witness’s testimony “in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining

Cloud v. Whitley

District Court, E.D. Oklahoma · Jul 24, 2023

bears the initial burden of proof and must show the lack of evidence on an essential element of the claim.24 The nonmovant must then bring forth specific facts showing a genuine issue for trial.25 These facts must be clearly … For the purposes of summary judgment, therefore, Plaintiff has established his prima facie case. b.

In Re Skelton Lead & Zinc Co.'s Gross Production Tax for 1919

81 Okla. 134 · Supreme Court of Oklahoma · Apr 5, 1921

the same rate of “property tax,” to which other property within the state is subject, or whether, being fortunate enough to have obtained a lease upon Indian lands, his personal property, by reason of such fact, shall be immune … So are steamboats, horses, stage coaches, foundries, ship yards,- and multitudes, of manufacturing establishments.

Anderson v. AHS Hillcrest Medical Center, LLC

District Court, N.D. Oklahoma · Aug 10, 2021

Appx. 841, 851 n. 7 (10th Cir. 2016) (“To qualify as protected opposition the employee must convey to the employer his or her concern that the employee has engaged in a practice made unlawful by the ADEA. … Kan. 1995) (“protected activity clearly does not include those situations where the opposition relates not to unlawful employment practices but to a personal grievance.”).

Skelly Oil Co. v. Johnson

157 Okla. 278 · Supreme Court of Oklahoma · May 31, 1932

The Chief Executive appoints the Commissioners, and any layman is qualified to sit upon the Commission if he holds the Governor’s commission giving him authority. … Most clearly, at the time of the injury, Bice was the foreman under whom the boy was working, whether he be strictly a gang pusher or one with superintending power.

MidFirst Bank, a federally chartered savings assoc v. Rodriguez, Jr.

United States Bankruptcy Court, W.D. Oklahoma · Jul 21, 2021

Then, the borrower must qualify and be approved through the application process before a loan is made. Simper Testimony, Transcript, pp. 166 (lines 21-25) and 167 (lines 1-5). … Clearly, neither Rodriguez nor Mathes envisioned the Loan being a Loan to Mathes but rather a Loan to KRR, which was an existing customer of MidFirst.

Bridge v. Social Security Administration

District Court, N.D. Oklahoma · Dec 29, 2023

Second, once such impairment(s) are established, the ALJ must then evaluate the intensity and persistence of the symptoms, so she can determine how the symptoms limit the claimant’s capacity to work. … In other instances, while the ALJ did not reference the exact notations Plaintiff cites, she clearly reviewed and referred to the exhibits containing those notations.