| Oklahoma 1983 Law |
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Carts & Parts, Inc. v. Antonio L. Rosales
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¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More... $0 (10-01-2009 - OK)
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Lisa Nicole Bridges v. Brandon Yeager
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Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More... $0 (11-03-2009 - OK)
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Kenneth Eugene Barrett v. Johnny Philpot, Sheriff of Sequoyah county, Oklahoma
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Kenneth Eugene Barrett, a federal prisoner appearing pro se and in forma pauperis, appeals from the district court’s entry of judgment in favor of defendants in his civil rights suit filed under 42 U.S.C. § 1983. We reverse and remand with respect to defendants Gary Philpot and Michael Hendricks. In all other respects, we affirm.
I.
Mr. Barrett was arrested at his residence in the... More... $0 (11-02-2009 - OK)
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Danny J. Bowling v. Joe Rector, Commissioned Agent of the Oklahoma
State Bureau of Investigation,
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In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More... $0 (10-26-2009 - OK)
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James E. Stevenson, Jr. v. Ken Grace, Carter County Sheriff; Shannon Davis, Deputy
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James E. Stevenson, Jr., appeals pro se from a district court order that dismissed his civil-rights complaint as time barred. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
BACKGROUND
Mr. Stevenson filed his 42 U.S.C. § 1983 complaint pro se on June 11, 2008. He alleged that he was falsely arrested and beaten by deputies of the Carter County, Oklahoma, Sheriff’s Offi... More... $0 (10-26-2009 - OK)
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Delia Berglund v. Pottawatomie County Board of Commissioners
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Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendants”... More... $0 (10-22-2009 - OK)
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Charles Leon Weatherford v. Debbie Taylor, et al.
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Pretrial-detainee Charles Leon Weatherford suffered a fatal heart attack while incarcerated in the Muskogee County Detention Center (MCDC). Defendant-Appellant Debbie Taylor was the supervisor on duty at the time. Weatherford’s estate filed a 42 U.S.C. § 1983 action against Taylor and other defendants.
In this interlocutory appeal from an order denying summary judgment, we must decide ... More... $0 (10-07-2009 - OK)
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Jessica N. Jones v. Wal-Mart Corporation
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Jessica Jones, appearing pro se,1 appeals from the district court’s dismissal of her wrongful termination claims brought under 42 U.S.C. § 2000e et seq. (Title VII), 42 U.S.C. § 1981 and 42 U.S.C. § 1983. We affirm.
I. BACKGROUND
Jones, an African-American, filed a pro se complaint claiming she was harassed by a Caucasian employee, Mrs. Teague, while she was employed at Wal-... More... $0 (10-02-2009 - OK)
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Bob Coffey v. Freeport McMoran Copper & Gold, et al.
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In these consolidated appeals, the National Football League (NFL), Dr. John
Lombardo, Independent Administrator of the Policy on Anabolic Steroids and Related
Substances, and Adolpho Birch, the NFL’s Vice President of Law and Labor Policy,
appeal the district court’s1 order, concluding that the Minnesota statutory claims
alleged by Kevin Williams and Pat Williams of the Minneso... More... $0 (09-04-2009 - OK)
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Romona Green v. Auto Pro of Oklahoma, LLC, et al.
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Plaintiff appellant Ramona Green appeals the district court’s dismissal, under Fed. R. Civ. P. 12(b)(6), of her 42 U.S.C. § 1983 claims against defendants. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
I. BACKGROUND
On October 11, 2005, Ms. Green purchased a 1993 Infiniti from defendant Auto Pro and used her 1990 Cadillac as a trade-in. She soon decided that the Inf... More... $0 (09-03-2009 - OK)
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Wagoner County Rural Water District No. 2., et al. v. Grand River Dam Authority, et al.
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In a dispute over water rights, six plaintiffs—four water districts, a nonprofit corporation, and a private nursery—sued several defendants, including defendants-appellees Grand River Dam Authority (“GRDA”), the United States, and the United States Army Corps of Engineers. The district court dismissed GRDA on Eleventh Amendment immunity grounds and the federal defendants on sovereign immun... More... $0 (08-24-2009 - OK)
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Josiah Stone v. Elohim, Inc.
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Josiah Stone, a pro se plaintiff, brought a discrimination claim alleging that Elohim, Inc. had unlawfully evicted him from his land because of his race and disability. The district court dismissed his action for failure to state a claim. Mr. Stone has appealed that dismissal, and we now affirm.
I. BACKGROUND
As best we can tell from his complaint, Mr. Stone resided on eight acres of... More... $0 (07-10-2009 - OK)
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Alvin Parker v. Albina Gosmanova, M.D.; OU Medical Center; Jesus Medina, M.D.
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In this civil rights action brought pursuant to 42 U.S.C. § 1983, plaintiff-appellant Alvin Parker, an Oklahoma prisoner proceeding pro se, appeals the district court’s orders granting summary judgment in favor of defendants-appellees Oklahoma University Medical Center (Medical Center), Albina Gosmanova, M.D., and Jesus Medina, M.D., on his claim that defendants provided deficient medical care ... More... $0 (07-02-2009 - OK)
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United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Department of Housing and Urban Development
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Plaintiff-Appellant, the United Keetoowah Band of Cherokee Indians of Oklahoma (“UKB”), is challenging a final agency action by the United States Department of Housing and Urban Development (“HUD”) which drastically reduced the federal funding that the UKB received for housing under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ 4101-424... More... $0 (06-05-2009 - OK)
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James W. Green v. Haskell County Board of Commissioners, et al.
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Defendant-Appellee Haskell County Board of Commissioners approved a constituent’s request to erect a monument displaying the Ten Commandments (hereinafter the “Monument”) on the lawn of the county courthouse in Stigler, Oklahoma. Plaintiffs-Appellants James Green, a Haskell County resident, and the American Civil Liberties Union (“ACLU”) of Oklahoma filed suit against the Haskell County ... More... $0 (06-08-2009 - OK)
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In Re: Wallace Revocable Trust
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¶1 On June 30, 2006, the petitioners-appellees, The Trust Company of Oklahoma and Ronald Saffa, filed a pleading entitled "Application for Instructions, and Brief in Support, Regarding Conduct in Apparent Violation of the No-Contest Provisions of the Lorice T. Wallace Revocable Trust and the Lorice T. Wallace Irrevocable Trust." After a hearing the trial court found that the respondent-appellant,... More... $0 (05-26-2009 - OK)
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Glen Hindbaugh v. Washita County Board of County Commissioners, et al.
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Glen Hindbaugh appeals from the district court’s grant of summary judgment to all defendants in his civil rights suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
I.
Mr. Hindbaugh was present in a house searched by defendants Daniel, Damron, Bales, and Reeve without a warrant in November 2004. When officers first entered the house, Mr. Hindbaugh and his girlfriend ... More... $0 (05-18-2009 - OK)
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Glen Hindaugh v. Washita County Board of County Commissioners, et al.
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Glen Hindbaugh appeals from the district court’s grant of summary judgment to all defendants in his civil rights suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
I.
Mr. Hindbaugh was present in a house searched by defendants Daniel, Damron, Bales, and Reeve without a warrant in November 2004. When officers first entered the house, Mr. Hindbaugh and his girlfriend ... More... $0 (05-18-2009 - OK)
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Donald Sable II v. Stewart E. Myers, Jr., et al.
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Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defend... More... $0 (04-24-2009 - OK)
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Russell "Rusty" Mounger v. Steve Tolliver, Cindy Newell, Kelly Birch, Paul Mathews, Chad Tate and Dan Fortman
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Russell "Rusty" Mounger, age 37, sued Steve Tolliver, Cindy Newell, Kelly Birch, Paul Mathews, Chad Tate and Dan Fortman on civil rights violation theories under 42 U.S.C. 1983 claiming that the defendants were deliberately indifferent to the fact that he had an infection caused by a blood clot and did not appropriate medical treatment for him when he was incarcerated in the Creek County jail in 2... More... $2700000 (04-24-2009 - OK)
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Ginger Martinez v. DeWayne Beggs, as Sheriff of
Cleveland County; DAVID EPPS,
KEVIN BRANDON; CLEVELAND
COUNTY BOARD OF COUNTY
COMMISSIONERS; TOMMY
EDWARDS; GILBERT KIRKLAND,
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Plaintiff-Appellant Ginger Martinez, individually and on behalf of the estate of her father, Kenneth Wayne Ginn, filed a 42 U.S.C. § 1983 action against the Board of County Commissioners of Cleveland County Oklahoma, Sheriff DeWayne Beggs, and Deputies Kevin Brandon, Tommy Edwards, David Epps, and Gilbert Kirkland alleging violations of the Fourteenth Amendment to the United States Constitution f... More... $0 (04-21-2009 - OK)
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Thomas Eugene Grass v. Kelly Johnson
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Plaintiff Thomas Eugene Grass, proceeding pro se, challenges the district court’s award of summary judgment to defendant Kelly Johnson on his Fourth Amendment claim of excessive force brought under 42 U.S.C. § 1983. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.
I.
On the evening of May 15, 2004, Johnson, a police officer for the City of Jay, Oklahoma, arrested Grass... More... $0 (04-25-2009 - OK)
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Rhelda Hostetler v. Justin Green, Bonnie Drewery; Choctaw County, Oklahoma; Lewis Collins
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Rhelda Hostetler seeks damages from Justin Green pursuant to 42 U.S.C. § 1983, alleging that Mr. Green – a jailer at the Choctaw County jail – acted with deliberate indifference to her safety as an inmate by failing to protect her from sexual attack by another inmate. This, Ms. Hostetler asserts, resulted in a deprivation of constitutional rights guaranteed her by the Fourteenth Amendment. Be... More... $0 (04-15-2009 - OK)
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Patricia Bowers Edeards v. Rex Urice
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¶1 Defendant/Appellants, Rex Urice (Urice) and Bancfirst, seek review of the trial court's judgment in favor of Plaintiff/Appellee, Patricia Bowers Edwards (Edwards), individually and as next friend of her son, Robert Drew Bowers (Drew), on Edwards' claims to set aside for undue influence amendments her mother, Eloise Cooper Bowers (Bowers), made to The Eloise Cooper Bowers 1991 Trust (Bowers 199... More... $0 (02-27-2009 - OK)
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Mack Whittenburg v. Werner Enterprises, Inc.; Marisela Neff; Jon M. Morlan; and Drivers Management, LLC
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Mack Whittenburg was driving his pickup truck on the highway when he collided with a stalled tractor-trailer. Suffering a number of injuries, Mr. Whittenburg brought suit against Werner Enterprises, Inc., the trucking company, as well as Werner’s driver management company and the individual tractor-trailer drivers. The jury ultimately returned a verdict assessing the defendants’ negligence at ... More... $0 (04-03-2009 - OK)
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Christopher Chase Spencer v. Jeff Landrith, City of Mustang, et al.
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Christopher Chase Spencer appeals from the district court’s order granting summary judgment in favor of the City of Mustang, Oklahoma; various City officials and officers (the City defendants); and a local private resident on his federal claim under 42 U.S.C. § 1983 and dismissing without prejudice his state-law claims. We affirm.
BACKGROUND
Factual Basis On May 17, 2004, seventee... More... $0 (02-27-2009 - OK)
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Rajeanna Dixon v. Cathy Kirkpatrick, et al.
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Rajeanna Dixon, an investigative assistant for the Oklahoma Board of Veterinary and Medical Examiners (“OBVME”), lost her job partly because she discussed OBVME’s investigation of a dogfighting ring with a member of the veterinarian trade association. She brought a § 1983 action against OBVME and her supervisor, Cathy Kirkpatrick, alleging that she had been fired in violation of her constit... More... $0 (01-08-2009 - OK)
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Randy Combs v. Shelter Mutual Insurance Company; Shelter General Insurance Company
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Defendant Insurance Companies engaged the services of Plaintiff Randy Combs as an insurance sales agent. Plaintiff sued Defendants pursuant to Oklahoma law, alleging various contract and tort claims related to his agency contract. The district court granted summary judgment for Plaintiff on his claims for breach of contract and breach of the implied covenant of good faith and fair dealing. See Fed... More... $0 (12-22-2008 - OK)
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Mohammad Ali Seifafi-Pour v. Masoumeh Bagherinassab
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¶1 Masoumeh Bagherinassab (Appellant) appeals from an order of the trial court, which annulled her marriage to Mohammad Ali Seirafi-Pour (Appellee). The issue on appeal is whether the trial court's decision that the parties' marriage had been procured by fraud practiced by Appellant is supported by the evidence. We find that the trial court's decision to annul the marriage due to fraud is support... More... $0 (11-26-2008 - OK)
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Ira Thomas v. City of Blanchard, Bill Edwards, Monte Ketchum and Tom Sacchieri
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Plaintiff-Appellant Ira Thomas was fired from his job as building code inspector for the City of Blanchard, Oklahoma, after he discovered in the City Clerk’s office a signed and completed certificate of occupancy for a home constructed by a local builder — who is also the mayor — although Mr. Thomas had not yet made the final inspection of the home or approved issuance of the certificate. Su... More... $0 (12-03-2008 - ok)
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Hicolas Hug v. Robyn James
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¶1 Plaintiff Nicolas Hug appeals from orders of the trial court granting the motion to dismiss filed by Defendant Robyn James and denying Hug's motion for new trial. The issues on appeal are whether the trial court erred as a matter of law when it granted James' motion to dismiss or when it denied Hug's motion for new trial. After reviewing the record and considering applicable law, we reverse th... More... $0 (10-30-2008 - OK)
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SPENCE v. BROWN-MINNEAPOLIS TANK, CO.
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¶1 Plaintiffs/Appellants, Joey L. Spence (Spence) and Mitch Johnson (Johnson), as well as Johnson's parents in their individual and representative capacities, seek review of the trial court's order granting the motion for summary judgment of Appellee Brown-Minneapolis Tank Company (BMTCo)1 on Plaintiffs' negligence and products' liability claims. Having reviewed the record, however, the trial cou... More... $0 (10-16-2008 - OK)
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Jaquita Speight and Ricky Speight v. Patricia Presley, Oklahoma County Court Clerk and Oklahoma County Commissioners
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¶1 Plaintiffs brought an action pursuant to the Oklahoma Governmental Tort Claims Act, against the Oklahoma County Court Clerk (Clerk), alleging negligent maintenance of court files that led to the issuance of a warrant for his arrest, and against Oklahoma County, by and through the Board of County Commissioners, for Oklahoma County (Board), as Clerk's employer. The trial court granted summary ju... More... $0 (11-10-2008 - OK)
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Tarrant Regional Water District v. Richard Sevenoaks, et al.
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The plaintiff-appellee, Tarrant Regional Water District (“TRWD”), is a Texas agency responsible for supplying public water to the northern part of the state. The defendants-appellants are the nine members of the Oklahoma Water Resources Board (“OWRB”), the Oklahoma agency responsible for issuing permits for the appropriation, sale, and use of Oklahoma water. TRWD filed suit in federal dist... More... $0 (10-31-2008 - OK)
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STATE OF OKLAHOMA ex rel. Oklahoma Bar Association, Complainant,
v.
RICHARD F. BERGER, Respondent.
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¶1 The Oklahoma Bar Association (OBA) charged respondent, Richard F. Berger, with one count of neglect of a client matter and misrepresentation of such to the client and to the Bar Association, in violation of Rules 1.1, 1.3, 1.4, 3.2, 8.1 and 8.4(c), of the Rules of Professional Conduct, (ORPC), 5 O.S.1991 Ch. 1, App. 3A and Rules 1.3 and 5.2 of the Rules Governing Disciplinary Proceedings, 5 O.... More... $0 (10-07-2008 - OK)
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Ann Hays v. Monticello Retirement Estates, LLC, et al.
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¶1 Plaintiff, Ann Hays, appeals the trial court's order sustaining a motion to enforce a settlement agreement filed by Defendants, Monticello Retirement Estates and Edmond Realty Development Company. Because there are material questions of fact in dispute, we reverse and remand for further proceedings.
FACTS
¶2 In 2003, Plaintiff sued Defendants regarding an employment agreemen... More... $0 (09-05-2008 - OK)
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Eric A. Hanson v. Major General Harry M. Wyatt, III, etc.
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Colonel Eric A. Hanson, who had been removed from the Oklahoma Army National Guard, filed suit against Major General Harry M. Wyatt III in his official capacity as Adjutant General for the State of Oklahoma, seeking reinstatement to his former position plus back pay and retirement points. His claim arises from an alleged violation by a selective retention board (SRB) of a federal regulation govern... More... $0 (09-11-2008 - OK)
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Jan K. Voda, M.D. v. Cordis Corporation
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This is a patent infringement case involving catheters used in interventional cardiology. The issues on appeal and cross-appeal include claim construction, patent validity, infringement, willfulness, and the district court’s denial of a permanent injunction. Because we find no reversible error in the decision below with respect to the issues of claim construction, patent validity, and the denial... More... $0 (08-19-2008 - OK)
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Archie Taylor v. Oklahoma Department of Human Services
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Archie Taylor, the grandfather of Keenan Taylor, age 2, who was scalded to death by his father sued the Oklahoma Department of Human Services on a civil rights violation theory, 42 U.S.C. 1983, claiming that the state agency failed to protect Keenan from abuse by his father Despite reports of suspected abuse. Keenan Taylor died June 9, 2005, a day after he was burned by hot water over more than 50... More... $160000 (08-18-2008 - OK)
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Morris, et al. v. Hilldale Independent School District No. I-29, et al.
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Plaintiff, J.M., a minor sued the Hilldale School District and former Hilldlale band teacher Brian Giacomo for violations of 42 U.S.C. Section 1983, violations of 20 U.S.C. Section 1681 (Title IX) and violations of the Oklahoma Governmental Tort Claims Act. She also sued Brian Giacomo individually for assault, battery, intentional infliction of emotional distress and punitive damages.
More... $2700000 (08-16-2008 - OK)
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