10 Oklahoma opinions name it 2 courts 1993–2022 3 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 |
|---|---|---|
Price v. State ex rel. State Employees Group Health, Dental & Life Insurance Boardgreen2 sentences2022(Emphasis added) Id. at ¶ 15, 757 P.2d at 839. ¶13 Glasgow does not support the conclusion urged by Bank and Attorneys that a dismissal without prejudice is never a successful termination of a prior action in the context of a malicious prosecution claim. 2022(Emphasis added) Id. at ¶ 15, 757 P.2d at 839. ¶13 Glasgow does not support the conclusion urged by Bank and Attorneys that a dismissal without prejudice is never a successful termination of a prior action in the context of a malicious prosecution claim. | 2 | 2 |
Page v. Rosegreen2 sentences2006Page v. Rose, 1975 OK 176, ¶ 16 , 546 P.2d 617, 620 . 2006Page v. Rose, 1975 OK 176, ¶ 16 , 546 P.2d 617, 620 . | 1 | 2 |
Anschutz Corp. v. Sandersgreen2 sentences2006The argument is flawed in that an oil and gas lessee does not have a common-law right to enter a tract of land at each and every available point of entry, and the reasonableness of a point of entry onto a tract of land, alone, does not establish probable cause to seek injunctive relief. ¶ 20 Regarding the legal concept of a lessee’s right of access, the common law has long recognized that an oil and gas lease carries with it the right to use the land as may be necessary to perform the obligations under the lease, Anschutz v. Sanders, 1987 OK 11, ¶ 5, 734 P.2d 1290, 1291 ; and, that an oil and 2006The argument is flawed in that an oil and gas lessee does not have a common-law right to enter a tract of land at each and every available point of entry, and the reasonableness of a point of entry onto a tract of land, alone, does not establish probable cause to seek injunctive relief. ¶ 20 Regarding the legal concept of a lessee’s right of access, the common law has long recognized that an oil and gas lease carries with it the right to use the land as may be necessary to perform the obligations under the lease, Anschutz v. Sanders, 1987 OK 11, ¶ 5, 734 P.2d 1290, 1291 ; and, that an oil and | 1 | 1 |
Sagonowsky v. Moregreen2 sentences1998In Sagonowsky v. More, 64 Cal.App.4th 122 , 75 Cal.Rptr.2d 118, 122 (1998), rehearing/review denied, the California Court distinguished between a “contractual arbitration” and a “judicial arbitration.” Indicating that it would not find that the arbitration award was competent if it arose from a purely “contractual arbitration;” but it would find a “judicial arbitration” to be sufficient for a malicious prosecution claim. 1998In Sagonowsky v. More, 64 Cal.App.4th 122 , 75 Cal.Rptr.2d 118, 122 (1998), rehearing/review denied, the California Court distinguished between a “contractual arbitration” and a “judicial arbitration.” Indicating that it would not find that the arbitration award was competent if it arose from a purely “contractual arbitration;” but it would find a “judicial arbitration” to be sufficient for a malicious prosecution claim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Glasgow v. Fox
green
2 sentences2022(Emphasis added) Id. at ¶ 15, 757 P.2d at 839 . ¶13 Glasgow does not support the conclusion urged by Bank and Attorneys that a dismissal without prejudice is never a successful termination of a prior action in the context of a malicious prosecution claim. 1998We held that the dismissal with prejudice was sufficient to meet the required element. ¶ 9 Later, in Glasgow v. Fox, 1998 OK 71 , 757 P.2d 836 (Okla.1988), the Court was asked whether a dismissal without prejudice was sufficient to meet the malicious prosecution requirement of successful termination. | 2 | 1998–2022 |
Young v. First State Bank, Watonga
green
2 sentences2020Young v. First State Bank, Watonga , 1981 OK 53 , 628 P.2d 707, 709 . ¶10 Failure to establish a prima facie case for any one element of the malicious prosecution claim requires dismissal of Thacker's claim under the guidelines of § 1434(C). 2020Young v. First State Bank, Watonga , 1981 OK 53 , 628 P.2d 707, 709 . ¶10 Failure to establish a prima facie case for any one element of the malicious prosecution claim requires dismissal of Thacker's claim under the guidelines of § 1434(C). | 1 | 2020–2020 |
Greenberg v. Wolfberg
green
1 sentence2017Greenberg v. Wolfberg, 1994 OK 147 , n.30, 890 P.2d 895 . 4 . | 1 | 2017–2017 |
Parker v. City of Midwest City
green
1 sentence2001T 24 Parker involved a suit against a City covered by the GTCA for the tort of malicious prosecution. 18 In that a plaintiff may *284 only prevail on a malicious prosecution claim by showing a defendant acted because of ill-will, hatred, or willfully in a wanton manner [Parker, 850 P.2d at 1068 ], ise. a standard of culpability or state of mind that would negative any determination the employee had acted in good faith within the duties of his office, employment or tasks lawfully assigned, this Court held it was impossible for the plaintiff to have a viable suit under the GTCA against the City. | 1 | 2001–2001 |
Whitehead v. Tulsa Public Schools
green
1 sentence1998We held that the dismissal with prejudice was sufficient to meet the required element. ¶ 9 Later, in Glasgow v. Fox, 1998 OK 71 , 757 P.2d 836 (Okla.1988), the Court was asked whether a dismissal without prejudice was sufficient to meet the malicious prosecution requirement of successful termination. | 1 | 1998–1998 |
Park v. Security Bank and Trust Company
green
1 sentence1993In Park v. Security Bank & Trust Co., 512 P.2d 113, 119 (Okla.1973), we held that to show malice in a malicious prosecution claim, the defendant must have acted because of ill-will or hatred, or willfully in a wanton manner. | 1 | 1993–1993 |
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.