Case law

Rivas v. Parkland Manor

12 P.3d 452 · Supreme Court of Oklahoma · Sep 19, 2000

In the interest of the public good and creation of a more orderly system of compensation, the injured worker is not required to establish employer negligence in his pursuit of compensation. Id. at 945. … The immunity provided Rivas' employer here is not total, but a partial immunity, capping the employer's liability for PPD to 100% permanent partial disability. 6 .

BOOTH v. HOME DEPOT

504 P.3d 1153 · Supreme Court of Oklahoma · Feb 15, 2022

Integris Health, Inc., 2008 OK 1 176 P.3d 1204 ¶12 Appellant argues that, because the Acts protect all Oklahomans from criminal actions of fraud by a retailer, public policy is clearly established. Not so. … Without a clear mandate from the Legislature, the Acts do not qualify as an established public policy.

T.L.I. ex rel. Irick v. Board of County Commissioners

376 P.3d 930 · Court of Civil Appeals of Oklahoma · Aug 11, 2015

Board responded with several defenses, including immunity under provisions of the Governmental Tort Claims Act, specifically citing 51 0.8. Supp. 2018, §§ 155(5) and 155(15). … He attached Board road grader employees' work and time sheets to establish that presence.

Opinion No. (1985)

Oklahoma Attorney General Reports · Aug 15, 1985

As part of the Act, there was established within the Department of Interior, the Office of Surface Mining Reclamation and Enforcement, which was empowered to promulgate rules and regulations necessary to carry out the purposes … Further, as the law clearly provides, said laboratory is allowed to be paid by ODM from federal grant funds applied for and received by ODM pursuant to 30 C.F.R. § 735.1 et seq., and 795.1 et seq.

Moore v. Hayes

744 P.2d 934 · Supreme Court of Oklahoma · Sep 29, 1987

The plain language of this section appears to clearly restrict ward voting to the qualified electors who are residents of that ward. … I therefore find that Moore has established the existence of irregularities in the voting of two ballots.

Springer v. United States

447 F. Supp. 2d 1235 · District Court, N.D. Oklahoma · Jun 21, 2006

immunity bars plaintiffs claims. … Plaintiffs complaint does not qualify for the judicial exception to the AIA because defendants are likely to succeed on the merits.

In Re State in Interest of Kp

275 P.3d 161 · Court of Civil Appeals of Oklahoma · Feb 17, 2012

IIL Testimony from Qualified Expert 123 Alayna Farris testified as Indian Child Welfare Specialist for the Cherokee Nation. … The evidence clearly and convincingly establishes that the DHS and the Cherokee Nation engaged in active efforts to help Mother obtain services designed to preserve the family. 125 Farris monitored the reports from Mother's

State Ex Rel. Oklahoma Tax Commission v. Daxon

607 P.2d 683 · Supreme Court of Oklahoma · Feb 26, 1980

The expanded language of § 215, while appearing all-inclusive when read by itself, is obviously qualified, and hence limited, by its reference to authorized “purposes” for each agency’s audit. … In contrast with § 205(b), the confidentiality [nondisclosure requirement] and testimonial immunity provisions of § 205(a) clearly extend beyond the Commission and its employees.

Rutherford v. United States

438 F. Supp. 1287 · District Court, W.D. Oklahoma · Dec 5, 1977

The administrative record clearly establishes that Laetrile and Amygdalin are equivalent and have been recognized as such for over 20 years. … Krebs also clearly establishes this fact. (R 183 at 196F; Tr. 228). 18 . The issue of Laetrile’s safety possesses several different facets.

Scribner v. Hillcrest Medical Center

65 O.B.A.J. 164 · Court of Civil Appeals of Oklahoma · Sep 15, 1992

In its fifth subproposition, Hospital alleges immunity from liability for punitive damages as a “not-for-profit,” tax exempt corporation. … We therefore reject Hospital’s claim of immunity from punitive damages.

Brown v. Benton

452 F. Supp. 28 · District Court, W.D. Oklahoma · Mar 30, 1978

that he was not qualified to perform the responsibilities enumerated above. … Plaintiff has thus failed to prove that race was any basis for his termination and the evidence clearly establishes defendant’s nondiscriminatory reason for it.

Whitehorn v. State

561 P.2d 539 · Court of Criminal Appeals of Oklahoma · Feb 23, 1977

State, Okl.Cr., 511 P.2d 1133 (1973), wherein we held, in an analogous situation concerning a substance listed in 63 O.S.1972 Supp., § 2-206 D(l), as follows: “Clearly by the statutory language stating ‘which contains any … Woody, 61 Cal.2d 716 , 40 Cal.Rptr. 69 , 394 P.2d 813 (1964), held that the First Amendment, right of freedom of religion, clothes members of the Native American Church with immunity from prosecution.

Hain v. State

67 O.B.A.J. 1977 · Court of Criminal Appeals of Oklahoma · Jun 7, 1996

The prosecution established that Appellant initially told police he had nothing to do with the murders. … Appellant’s analysis is misplaced as this case is clearly distinguishable from the above cited cases.

Chicago, R. I. & P. Ry. Co. v. McBee

45 Okla. 192 · Supreme Court of Oklahoma · Nov 24, 1914

The rule established in this jurisdiction is that: “This court will not disturb the finding of fact by a jury or by a court sitting in the place of a jury, if there is any evidence reasonably tending to establish the allegations … extending through the various states is engaged in interstate commerce, yet the fact is equally as notorious and as much the subject of judicial notice that every such railway is also engaged in intrastate traffic; and clearly

Offield Ex Rel. Offield v. Park View Hosp.

73 O.B.A.J. 3086 · Court of Civil Appeals of Oklahoma · Jul 12, 2002

However, the Supreme Court in Roberts also held that a hospital “operating-under only a mere trust authority,” and “not being conducted as a trust for the public benefit ... is an illusory public trust, which [does not] qualify … Oklahoma Tax Commission, 1946 OK 113, ¶ 11 , 167 P.2d 884, 888 . 9 ¶ 13 In this respect, by amended § 152(8)(d), the Legislature clearly defined “public trust” and “political subdivision” to include a municipal hospital,

Red River Construction Co. v. City of Norman

624 P.2d 1064 · Supreme Court of Oklahoma · Feb 24, 1981

Plaintiff’s allegations established it was the owner of a lease for the purpose of mining riverbed sand at the southern end of the city of Norman’s street called 24th Avenue S.W., on the north bank of the Canadian River, … The Court of Appeals then states the record clearly shows the activity was closed down by ordinance rather than by enjoining a nuisance after stating correctly that motive for passage of an ordinance is not properly considered

Moore

District Court, W.D. Oklahoma · Mar 30, 2026

The Amended Complaint does not allege facts suggesting, much less plausibly establishing, that either Defendant Lothen or Defendant Wade qualifies as an “employer” under the ADA. … To establish a prima facie failure-to-accommodate claim, Plaintiff must show that: “(1) [she] was disabled; (2) [she] was otherwise qualified; (3) [she] requested a plausibly reasonable accommodation; and (4) Defendant

Mathews v. State Election Board

582 P.2d 1318 · Supreme Court of Oklahoma · Aug 11, 1978

Dunn, supra, held: “Durational residence laws penalize those persons who have traveled from one place to another to establish a new residence during the qualifying period. … We are in accord with the authorities presented by petitioner, but each of the cases is clearly distinguishable from the matter now before us.

Dominic v. Creek Nation, State Insurance Fund

68 O.B.A.J. 1279 · Supreme Court of Oklahoma · Apr 8, 1997

Nor is at issue here Nation’s claimed sovereign immunity from suit. Rather, our focus must be on the rights of the injured claimant against Nation’s insurer. … construed to extend the estoppel act’s benefit to all disputes spawned by the insurer’s denial of its insured’s status as an employer covered by workers’ compensation liability. 18 This outer reach of estoppel’s application is clearly

Lackey v. Quigley

181 Okla. 492 · Supreme Court of Oklahoma · Nov 23, 1937

Seven directors were elected and qualified. … In this connection the rules and by-laws of the association were introduced in evidence, and these provisions are not clearly established by such rules and by-laws, but the undisputed and uneontroverted evidence is that such