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11 Oklahoma opinions name it 3 courts 1928–2016 0 in the last five years
The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cowan v. Watsongreen2 sentences1936S. 1921, providing that if respondents file no denial within ten days after the filing of a claim for compensation, the allegations contained in the claim will be deemed to be admitted, claimant’s allegation in his claim that his average daily wage at the time of injury was $6 is sufficient to support an award for $18 per week in the absence of any evidence at the hearing concerning claimant’s average earnings, where respondents appear, offer evidence on other questions at the hearing on the claim, but do not deny either by pleading or evidence such allegation in the claim.” See. also, Cowan v 1936S. 1921, providing that if respondents file no denial within ten days after the filing of a claim for compensation, the allegations contained in the claim will be deemed to be admitted, claimant’s allegation in his claim that his average daily wage at the time of injury was $6 is sufficient to support an award for $18 per week in the absence of any evidence at the hearing concerning claimant’s average earnings, where respondents appear, offer evidence on other questions at the hearing on the claim, but do not deny either by pleading or evidence such allegation in the claim.” See. also, Cowan v | 1 | 2 |
Miller v. Millergreen2 sentences2016Under principles of res judicata, or claim preclusion, "a final judgment on the merits of an action precludes the parties from relitigating not only the adjudicated claim, but also any theories or issues that were actually decided , or could have been decided, in that action." Miller v. Miller , 1998 OK 24, ¶ 23 , 956 P.2d 887, 896 (emphasis added). 2016Under principles of res judicata, or claim preclusion, "a final judgment on the merits of an action precludes the parties from relitigating not only the adjudicated claim, but also any theories or issues that were actually decided , or could have been decided, in that action." Miller v. Miller , 1998 OK 24, ¶ 23 , 956 P.2d 887, 896 (emphasis added). | 1 | 1 |
Hillcrest Medical Center v. Monroygreen2 sentences2009O'Dell v. Nelson & Myers, 1938 OK 291, ¶ 0 (1), 79 P.2d 212 . ¶ 9 In Hillcrest, the judgment creditor "issued a one-time garnishment of [the judgment debtor's] wages," the judgment debtor "filed a claim for exemption but failed to appear for the hearing on the claim," and the trial "court denied the claim." 2002 OK CIV APP 10, ¶ 2 , 38 P.3d at 933 . 2009O'Dell v. Nelson & Myers, 1938 OK 291, ¶ 0 (1), 79 P.2d 212 . ¶ 9 In Hillcrest, the judgment creditor "issued a one-time garnishment of [the judgment debtor's] wages," the judgment debtor "filed a claim for exemption but failed to appear for the hearing on the claim," and the trial "court denied the claim." 2002 OK CIV APP 10, ¶ 2 , 38 P.3d at 933 . | 1 | 1 |
O'Dell v. Nelson & Myersgreen2 sentences2009O'Dell v. Nelson & Myers, 1938 OK 291, ¶ 0 (1), 79 P.2d 212 . ¶ 9 In Hillcrest, the judgment creditor "issued a one-time garnishment of [the judgment debtor's] wages," the judgment debtor "filed a claim for exemption but failed to appear for the hearing on the claim," and the trial "court denied the claim." 2002 OK CIV APP 10, ¶ 2 , 38 P.3d at 933 . 2009O'Dell v. Nelson & Myers, 1938 OK 291, ¶ 0 (1), 79 P.2d 212 . ¶ 9 In Hillcrest, the judgment creditor "issued a one-time garnishment of [the judgment debtor's] wages," the judgment debtor "filed a claim for exemption but failed to appear for the hearing on the claim," and the trial "court denied the claim." 2002 OK CIV APP 10, ¶ 2 , 38 P.3d at 933 . | 1 | 1 |
Cole v. Silverado Foods, Inc.green2 sentences2008Cole v. Silverado Foods, Inc., 2003 OK 81, ¶ 9, n. 22 , 78 P.3d 542, 547, n. 23 . ¶ 25 Section 43(B) does not clearly express what event or events the Legislature intended would start the time period for requesting a hearing on a claim against the Fund. 2008Cole v. Silverado Foods, Inc., 2003 OK 81, ¶ 9, n. 22 , 78 P.3d 542, 547, n. 23 . ¶ 25 Section 43(B) does not clearly express what event or events the Legislature intended would start the time period for requesting a hearing on a claim against the Fund. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sterling Milk Products Co. v. Underwood
green
2 sentences1936S. 1921, providing that if respondents file no denial within ten days after the filing of a claim for compensation, the allegations contained in the claim will be deemed to be admitted, claimant’s allegation in his claim that his average daily wage at the time of injury was $6 is sufficient to support an award for $18 per week in the absence of any evidence at the hearing concerning claimant’s average earnings, where respondents appear, offer evidence on other questions at the hearing on the claim, but do not deny either by pleading or evidence such allegation in the claim.” See. also, Cowan v 1936S. 1921, providing that if respondents file no denial within ten days after the filing of a claim for compensation, the allegations contained in the claim will be deemed to be admitted, claimant’s allegation in his claim that his average daily wage at the time of injury was $6 is sufficient to support an award for $18 per week in the absence of any evidence at the hearing concerning claimant’s average earnings, where respondents appear, offer evidence on other questions at the hearing on the claim, but do not deny either by pleading or evidence such allegation in the claim.” See. also, Cowan v | 2 | 1935–1936 |
Special Indemnity Fund v. Carlile
green
2 sentences2008The Fund and the claimant submitted medical reports on the issue of material increase in disability and the Fund stipulated that claimant sustained 28% permanent disability to the body as a whole due to the previous impairment to the back and right hand. ¶ 8 On July 15, 2005, the WCC dismissed the claim against the Fund for want of prosecution, concluding that claimant failed to request a hearing on his claim against the Fund within five years of the date of the last payment of compensation as required by § 43(B) and Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14 , 939 P.2d 26 . 2008The Fund and the claimant submitted medical reports on the issue of material increase in disability and the Fund stipulated that claimant sustained 28% permanent disability to the body as a whole due to the previous impairment to the back and right hand. ¶ 8 On July 15, 2005, the WCC dismissed the claim against the Fund for want of prosecution, concluding that claimant failed to request a hearing on his claim against the Fund within five years of the date of the last payment of compensation as required by § 43(B) and Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14 , 939 P.2d 26 . | 1 | 2008–2008 |
Reynolds v. Special Indemnity Fund
green
2 sentences2008Claimant argued that he had no time restrictions on filing a Form 3-f to commence a claim against the Fund under Rule 13A and that he had five years after commencing the claim to request a hearing thereon under Reynolds v. Special Indemnity Fund, 1986 OK 64 , 725 P.2d 1265 , and Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14 , 939 P.2d 26 . 2008Claimant argued that he had no time restrictions on filing a Form 3-f to commence a claim against the Fund under Rule 13A and that he had five years after commencing the claim to request a hearing thereon under Reynolds v. Special Indemnity Fund, 1986 OK 64 , 725 P.2d 1265 , and Special Indemnity Fund v. Carlile, 1997 OK CIV APP 14 , 939 P.2d 26 . | 1 | 2008–2008 |
Mayes v. State
green
2 sentences2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate. 2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate. | 1 | 2003–2003 |
Brookings v. Singletary
green
2 sentences2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert, denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature’s actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court’s previous rulings insofar as they mandate a blanket prohibition against the jury’s considering parole in deciding which sentence is appropriate. 2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate. | 1 | 2003–2003 |
Jackson v. Rochester Housing Authority
green
2 sentences2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert, denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature’s actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court’s previous rulings insofar as they mandate a blanket prohibition against the jury’s considering parole in deciding which sentence is appropriate. 2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate. | 1 | 2003–2003 |
Chambers v. Illinois
green
2 sentences2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert, denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature’s actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court’s previous rulings insofar as they mandate a blanket prohibition against the jury’s considering parole in deciding which sentence is appropriate. 2003Counsel felt that this would only serve to reinforce the statements on the minds of the jurors. ¶ 23 In Mayes v. State, 1994 OK CR 44, ¶ 129 , 887 P.2d 1288, 1316 , cert. denied 513 U.S. 1194 , 115 S.Ct. 1260 , 131 L.Ed.2d 140 (1995), this Court stated that, The legislature's actions in making life without parole a viable sentencing option in first degree murder cases has obviously modified this Court's previous rulings insofar as they mandate a blanket prohibition against the jury's considering parole in deciding which sentence is appropriate. | 1 | 2003–2003 |
Munsingwear, Inc. v. Tullis
green
1 sentence1989Under the awareness doctrine relating to cumulative effect injuries, such as hearing loss, the Supreme Court, in Munsingwear, Inc. v. Tullis, 557 P.2d 899 (Okl.1976), held: the statute of limitations does not begin to run until the claimant is aware of the injury and is aware of the causal connection between the injury and the employment. | 1 | 1989–1989 |
Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of Labor
green
2 sentences1987In Opp Cotton Mills v. Administrator, 312 U.S. 126, 152-153 , 61 S.Ct. 524, 536 , 85 L.Ed. 624 (1941) it was said: “The demands of due process do not require a hearing at the initial stage or at any particular point or at more than one point in an administrative proceeding so long as the requisite hearing is held before the final order becomes effective.” A preliminary agency decision which does not cause irreparable harm need not be preceded by a hearing where a hearing is held before the final administrative order becomes effective. 1987In Opp Cotton Mills v. Administrator, 312 U.S. 126, 152-153 , 61 S.Ct. 524, 536 , 85 L.Ed. 624 (1941) it was said: “The demands of due process do not require a hearing at the initial stage or at any particular point or at more than one point in an administrative proceeding so long as the requisite hearing is held before the final order becomes effective.” A preliminary agency decision which does not cause irreparable harm need not be preceded by a hearing where a hearing is held before the final administrative order becomes effective. | 1 | 1987–1987 |
Patlex Corporation v. Gerald J. Mossinghoff
green
1 sentence1987Patlex Corp. v. Mossinghoff, 771 F.2d 480 (Fed.Cir.1985). | 1 | 1987–1987 |
Read v. Lloyds America
green
1 sentence1961We are of the opinion that our holding in the case of Magnolia Petroleum Co. v. Mitchell, 181 Okl. 48 , 72 P.2d 502 , is applicable to the instant case. | 1 | 1961–1961 |
Magnolia Petroleum Co. v. Mitchell
neutral
1 sentence1961We are of the opinion that our holding in the case of Magnolia Petroleum Co. v. Mitchell, 181 Okl. 48 , 72 P.2d 502 , is applicable to the instant case. | 1 | 1961–1961 |
Robinson v. State Industrial Commission
neutral
2 sentences1938Petitioners cite Denver Producing & Refining Co. v. Phillips, 163 Okla. 106 , 21 P.2d 42 , and Robinson v. State Industrial Commission, 176 Okla. 619 , 56 P.2d 826 , which in turn cite C. 1938Petitioners cite Denver Producing & Refining Co. v. Phillips, 163 Okla. 106 , 21 P.2d 42 , and Robinson v. State Industrial Commission, 176 Okla. 619 , 56 P.2d 826 , which in turn cite C. | 1 | 1938–1938 |
Denver Producing & Refining Co. v. Phillips
green
2 sentences1938Petitioners cite Denver Producing & Refining Co. v. Phillips, 163 Okla. 106 , 21 P.2d 42 , and Robinson v. State Industrial Commission, 176 Okla. 619 , 56 P.2d 826 , which in turn cite C. 1938Petitioners cite Denver Producing & Refining Co. v. Phillips, 163 Okla. 106 , 21 P.2d 42 , and Robinson v. State Industrial Commission, 176 Okla. 619 , 56 P.2d 826 , which in turn cite C. | 1 | 1938–1938 |
Hannah v. Oklahoma State Highway Commission
green
2 sentences1935See, also, Cowan et al. v. Watson et al., 148 Okla. 14 , 296 P. 974 ; Hannah v. Oklahoma State Highway Commission, 172 Okla. 221 , 45 P. (2d) 53 ; Sterling Milk Products Co. v. Underwood, 167 Okla. 361 , 29 P. (2d) 937 . 1935See, also, Cowan et al. v. Watson et al., 148 Okla. 14 , 296 P. 974 ; Hannah v. Oklahoma State Highway Commission, 172 Okla. 221 , 45 P. (2d) 53 ; Sterling Milk Products Co. v. Underwood, 167 Okla. 361 , 29 P. (2d) 937 . | 1 | 1935–1935 |
Selders v. Boyle
neutral
1 sentence1928A. 451, 49 Pac. 320 ). | 1 | 1928–1928 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.