Case law

City of Tulsa v. Tyson Foods, Inc.

258 F. Supp. 2d 1263 · District Court, N.D. Oklahoma · Mar 14, 2003

There are clearly genuine issues of material fact which preclude summary judgment on the nature of the relationship between George’s and its growers. (Dkt. # 229). … Arkansas law clearly excepts intentional torts from the municipal immunity statute. In Deitsch v.

BOARD OF REGENTS OF UNIV. OF OKLAHOMA v. Baker

638 P.2d 464 · Supreme Court of Oklahoma · Dec 22, 1981

Likewise, the constitution establishes the independence of the University and curtails legislative power over University affairs. … The determination of faculty salaries is clearly an integral part of the power to govern the University and a function essential in preserving the independence of the Board.

Bruner v. United States

340 F. Supp. 2d 1204 · District Court, N.D. Oklahoma · Aug 16, 2004

The Creeks, at the time of the establishment of the United States Government, inhabited a territory in the southeastern United States. 2. … The Court indicated that immunity was removed from the Indians, and declined to infer immunity “from mere congressional silence.” Id. at 366-67 , 69 S.Ct. 561 . Squire v.

Grantham v. City of Chickasha

156 Okla. 56 · Supreme Court of Oklahoma · Feb 16, 1932

Thomas, 89 Okla. 188 , 214 P. 1070 , is well established and sustained by the aforesaid authorities, but contend that the converse of this rule is also well established that a prosecution for violation of a municipal ordinance … a definition which would include persons or principles not clearly within the terms of the act granting such power.” . .

First of McAlester Corp. v. Oklahoma Tax Commission

709 P.2d 1026 · Supreme Court of Oklahoma · Jul 2, 1985

See also Federal Tax Immunity; Memphis Bank & Trust Co. v. Garner; Washington v. United States, 37 Tax Law 375 (1984). … Maryland, 17 U.S. (4 Wheat.) 316 , 4 L.Ed. 579 (1819) established the constitutional doctrine of tax immunity derived from the Borrowing and Supremacy Clauses that, “States may not impose taxes directly on the Federal Government

Griffin v. Steeltek, Inc.

964 F. Supp. 317 · District Court, N.D. Oklahoma · May 19, 1997

that the Plaintiff was neither disabled as defined under the ADA, nor qualified for an employment position as a grinder. … Similarly, the purpose statement of the ADA clearly indicates that the ADA was intended to prevent discrimination against individuals *319 who are disabled, or who suffer discrimination because they are perceived as disabled

Shoffner v. Smith

155 Okla. 43 · Supreme Court of Oklahoma · Dec 1, 1931

Most clearly the approval of the contract in a case of this character calls for discretion of the highest order. … The office of superintendent of public instruction for a county is clearly perpetuated in article 17, sec. 2, of the Constitution. Section 10311, C. O.

Young v. Mid-Continent Casualty Co.

743 P.2d 1084 · Supreme Court of Oklahoma · Oct 6, 1987

In Beavin, 8 this Court did make inquiry into the intent of the Legislature in enacting 47 O.S. 1981 § 7-601, and stated: From the language of § 7-601, the Legislature has clearly established a comprehensive compulsory liability … Martin, 676 P.2d 1366 (Okla.1984) where this Corut abrogated the rule of parental immunity on policy grounds very similar to the Court’s reasoning in Mutal of Enumclaw v.

Porter v. Crow

District Court, N.D. Oklahoma · Feb 10, 2020

were clearly established at the time of violation.” … And because “qualified immunity protects ‘all but the plainly incompetent or those who knowingly violate the law,’” the Supreme Court has “repeatedly told courts . . . not to define clearly established law at a high level

Parks v. City of Oklahoma City

559 P.2d 1266 · Court of Civil Appeals of Oklahoma · Jan 20, 1977

First it alleges that 11 O.S. 1971 , §§ 330.51 & 330.52 statutorily establishes that the city water department is a governmental function under the first of the above statutes and clothed with immunity from suit by the second … an intent to the language of 11 O.S.1971, § 330.51 would be to ignore the provision of Article 5, Sec. 57 of the Oklahoma Constitution stating “Every act of the Legislature shall embrace but one subject, which shall be clearly

Architectural Building Components Corp. v. Comfort

528 P.2d 307 · Supreme Court of Oklahoma · Nov 5, 1974

The test or requirement of “minimum contacts” that a defendant must have maintained or established in the state or forum of the plaintiff’s choice is such that the maintenance of a suit based thereon *309 does not offend … Those restrictions are more than a guarantee of immunity from inconvenience or distant litigation. They are a consequence of territorial limitations on the power of the respective States.

Harmon v. DAMET

274 P.3d 810 · Court of Civil Appeals of Oklahoma · Oct 4, 2011

Supp. 2007 § 2008.1, (2) failed to show he has a legal right to relief, (8) failed to establish the trial court had a legal duty to "type and prepare summonses for him," "set a case for hearing before service of summons on … Subsection E of § 2008.1 also provides for a court-mandated reply by the inmate if a defendant claims either qualified or absolute immunity in its answer. 3 117 However, there is nothing in the language of the statute itself

Bryan v. State

11 Okla. Crim. 180 · Court of Criminal Appeals of Oklahoma · Nov 28, 1914

McNabb, the duly qualified and acting county attorney in and for Sequoyah county, state of Oklahoma, and gives the district court of Sequoyah county, state of Oklahoma, to know and be informed that E. M. … The plaintiff in error may be guilty and may be a thief, but the state’s evidence fails wholly to establish guilt as required by law. This conviction is clearly contrary to the evidence.

Jones v. State

426 P.2d 377 · Court of Criminal Appeals of Oklahoma · Apr 12, 1967

The first assignment of error is “That her trial was not presided over by any duly elected and qualified judge.” The trial judge, John A. Brett, was a Supernumerary Judge. … There is not a constitutional restriction on the Legislature forbidding or pre-empt-ing establishment of a method of selection of special judges; therefore, the legislative enactment challenged by Plaintiff in Error is clearly

Kurn v. Margolin

187 Okla. 135 · Supreme Court of Oklahoma · Mar 26, 1940

The instruction, as given, reads as follows: “You are instructed that under the evidence in this case the plaintiff is the duly appointed, qualified and acting administrator of the estate of the deceased, John Washington, … We find nothing in the record before us tending to clearly show passion, partiality, prejudice, or corruption as actuating in any respect the awards made.

BARNARD v. SUTTON

2014 OK CIV APP 30 · Court of Civil Appeals of Oklahoma · Nov 21, 2013

Thus, Sutton asserts, he is immune from suit under the GTCA. ¶7 The trial court concluded that after the Employee Defendants were granted judgment, the only remaining defendants were OSU and Sutton. … Sutton was clearly an employee of OSU at the time of the accident. 51 O.S. Supp. 2010 §152(7) ("'Employee' means any person who is authorized to act in behalf of a political subdivision or the state . . .").

Opinion No. (1990)

Oklahoma Attorney General Reports · Jun 19, 1990

) MILE RESTRICTION FOR THE ESTABLISHMENT OF BRANCH BANKS. … IT SHOULD BE NOTED THAT THE STATUTE MERELY REFERENCES THE CITY OR TOWN AS IT RELATES TO THE QUESTION OF WHETHER OR NOT THE CITY OR TOWN QUALIFIES FOR A BRANCH OF AN OUT-OF-TOWN BANK.

White v. Infield

122 Okla. 4 · Supreme Court of Oklahoma · Sep 21, 1926

The tax assessors now acting id qualified in said county shall hold of-e until their successors are duly elected, the regular election to be held in said unty in 1928, and qualified, and that there-Ter, all assessors in said … Clearly he was notified in June that his attempted filing for the office of county assessor was rejected.

In Re Everhart's Estate

208 Okla. 101 · Supreme Court of Oklahoma · Jan 10, 1953

The will was duly admitted to probate in the county court of Blaine county, Oklahoma, and the surviving wife, Alva Everhart (now Marks), appellant herein, qualified as executrix. … She would clearly have enjoyed all of his estate as long as she lived had she not remarried. The bequests to her were in paragraph (1) and the opening sentences of paragraph (2) of the will.

Opinion No. (1991) Ag

Oklahoma Attorney General Reports · Aug 20, 1991

THE ANSWER TO YOUR FIRST QUESTION REQUIRES AN ANALYSIS OF WHO QUALIFIES FOR MEMBERSHIP IN THE OKLAHOMA TEACHER'S RETIREMENT SYSTEM (OTRS). … OKLAHOMA TAX COMMISSION, 801 P.2D 686 (OKLA. 1990), HAS HELD THAT A LONG-STANDING INTERPRETATION MUST BE GIVEN GREAT WEIGHT BY THE COURTS AND SHOULD BE DISTURBED FOR ONLY COGENT REASONS, UNLESS THE CONSTRUCTION IS CLEARLY