Case law

Alexander v. Smith & Nephew, P.L.C.

98 F. Supp. 2d 1310 · District Court, N.D. Oklahoma · Jun 6, 2000

Farrar does not qualify as an expert to testify as to the causation of *1315 Plaintiffs ailments. Dr. … There are two exceptions to the learned intermediary doctrine in Oklahoma — mass immunizations and situations where the FDA has mandated that warning be given directly to the consumer — neither of which is applicable here

Thomas v. Reid

142 Okla. 38 · Supreme Court of Oklahoma · Jan 21, 1930

The, purpose of that requirement is clearly to prevent the incurring of indebtednes in excess of income and revenue and has no application to the facts in this case. This court in Williams v. … Society for Establishing Useful Manufactures, 24 N. J.

Opinion No. (1990)

Oklahoma Attorney General Reports · Jan 16, 1990

The Committee is charged to establish and publicize an application process, to certify qualified organizations which make application, and to hear appeals of rejected organizations. 74 O.S. 7005 (B)(1-8) (1989). … establishes that any local charitable agency may benefit from the single state employee solicitation campaign conducted within the geographic area where it provides qualified services, if it will band together for such purposes

Opinion No. 76-378 (1977) Ag

Oklahoma Attorney General Reports · Jan 17, 1977

The subject question appears to inquire if this ruling is somewhat qualified, with regard to prior school years incidents or acts of misconduct, by the employment time frame which may be established pursuant to the statutorily … However, if such collateral evidence clearly tends to establish or refute material issues or facts in dispute, which issues concern present grounds for dismissal, such evidence may be considered. (R.

Melrose v. Oklahoma College for Women

393 P.2d 878 · Supreme Court of Oklahoma · Jul 7, 1964

The Oklahoma College for Women was established under the provision of Title 70 O.S.1961 § 1661 et seq., and its government is vested in a Board of Regents (see Sec. 1691). … dissatisfaction with the court-created doctrine of governmental immunity, and (3) The doctrine of governmental immunity is a court-made doctrine and can and should be abolished by the courts.

Craig v. Wright

169 Okla. 245 · Supreme Court of Oklahoma · Oct 16, 1934

These words clearly referred to plaintiff in error’s testimony in the prosecution of defendant in error in the county court. … established.

Sutherland v. Saint Francis Hospital, Inc.

595 P.2d 780 · Supreme Court of Oklahoma · Feb 6, 1979

protection afforded an entrant broadens or narrows with the beneficial interest of the possessor in the presence of the other upon the land. 2 This has been the common law approach ever since landlord’s sovereignty and immunity … A different rule of liability for negligent acts and for negligence in maintaining conditions would clearly distort common law symmetry and the policy underlying its time-honored rules.

HUNSUCKER v. FALLIN

2017 OK 100 · Supreme Court of Oklahoma · Dec 19, 2017

Art. 5 § 22, but is based solely on petitioners' claim the legislation violates a provision of the State Constitution. ¶ 12 Senator Mike Schultz and Representative Charles McCall clearly possess immunity from the legal liability … Two members of the Oklahoma Legislature possess constitutional legislative immunity from the legal liability and their motion to dismiss them as parties is granted.

Marks v. Everhart

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 Ever-hart (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.

MOATES v. OKLAHOMA TAX COMMISSION

473 P.3d 1088 · Court of Civil Appeals of Oklahoma · Aug 4, 2020

The Moates claim that the OTC's order is clearly contrary to the applicable provisions of the Sales Tax Code. … To receive an exemption card, the qualifying veteran must be an Oklahoma resident and submit to the OTC Taxpayer Assistance Division the following information: "(1) Qualifying Veteran .

Fent v. State ex rel. Oklahoma Tax Commission

75 O.B.A.J. 1900 · Supreme Court of Oklahoma · Jul 6, 2004

The legislature has the power to establish classes of taxpayers possessing varied deductions from income for purposes of computing state income tax liability. Id. … See, for example, 68 0.8. 2001 $ $357.88, the tax credit for immunization against Hepatitis A.

Coker v. State

26 Okla. Crim. 230 · Court of Criminal Appeals of Oklahoma · Feb 29, 1924

This rule will not apply to an instruction clearly or fundamentally wrong, but it should apply to all cases where the question is a fine distinction of syntax or of mere technical inaccuracies, defining burden of proof, reasonable … In the Rogers Case the trial court, touching upon the question of self-defense, used this qualifying clause: “Unless the facts constituting such reasonable cause have been established by the evidence in the case, you cannot

Matthews v. Funck

155 P.3d 852 · Court of Civil Appeals of Oklahoma · Jan 9, 2007

Transfer of this property occurred after January 1, 2004, the effective date on which the value was established for the 2004 tax year, and section 8B clearly required reassessment of that value as a result of Matthews's purchase … As discussed, there is no logical reason why a qualifying senior who purchases property on March 15 should be entitled to the freeze while a qualifying senior who purchases on March 16 would not.

State v. Hall

185 P.3d 397 · Court of Criminal Appeals of Oklahoma · May 23, 2008

State, 1998 OK CR 33, ¶ 26 , 965 P.2d 955, 968 ("[i]t is well established that juries are presumed to follow their instructions", quoting Zafiro v. … Benson, 1983 OK CR 43 , 661 P.2d 908, 909 . [11] Harris, 841 P.2d at 600 (claim of immunity would complete defense to the criminal charge); Nicodemus v.

State Ex Rel. Young v. Warren

536 P.2d 965 · Court of Criminal Appeals of Oklahoma · May 7, 1975

It clearly appears from the record before the Court that on January 3, 1975, all of the attorneys of record for all four of the defendants and the Assistant District Attorney of Creek County appeared before Judge Haworth … Nothing in this opinion shall be construed as precluding the State from granting the defendants in any case, capital or otherwise, immunity from prosecution, so long as the immunity granted conforms to the Constitution and

Beaman v. Board of Com'rs of Lincoln Co.

25 Okla. 673 · Supreme Court of Oklahoma · Mar 1, 1910

Plaintiff alleges that defendants, acting together, have established dipping vats at several points in nearly all of the townships of the county; that same were established therein without legal petition therefor by a majority … petition of the *676 voters, as provided by section 3, to levy a tax to.create a fund in which to co-operate with the State Board of Agriculture in eradicating ticks from live stock, then all the acts-of defendants are clearly

Aero Exploration Co. v. Hunt

205 Okla. 152 · Supreme Court of Oklahoma · Oct 2, 1951

Hunt, sought equitable relief in the trial court to establish his title to a share of stock and right to the privileges of membership in The Tulsa Club. … It therefore appears that the judgment of the trial court is not clearly against the weight of the evidence.

McLemore

District Court, E.D. Oklahoma · Jun 11, 2026

are nonetheless entitled to qualified immunity. … “Qualified immunity insulates officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Territory of Oklahoma Ex Rel. Bray v. Stubblefield

5 Okla. 310 · Supreme Court of Oklahoma · Feb 12, 1897

Under these conditions he was clearly disqualified to receive such certificate. … A person who seeks an office should qualify himself to hold the same.

Payne v. WS Services, LLC

216 F. Supp. 3d 1304 · District Court, W.D. Oklahoma · Oct 25, 2016

This is enough to establish a prima facie case. With Ms. Payne having established a prima facie case, the burden then shifts to WSS to proffer a legitimate, nondiscriminatory reason for not hiring Leona Payne. … Payne, the burden shifts back to her to establish pretext. Riggs, 497 F.3d at 1114-1115 .