Restatement rule (Oklahoma) · Go Syfert
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Restatement rule in Oklahoma

10 Oklahoma opinions name it 3 courts 1965–2011 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.

Followed or applied (5)

CaseFollowedCited
Amoco Production Co. v. Lindleygreen
okla · 1980 · cited in 1 Oklahoma opinions naming this issue, 2010–2010
2 sentences

2010See Amoco Production Co. v. Lindley, 1980 OK 6, ¶ 41 , 609 P.2d 733, 748 .

2010See Amoco Production Co. v. Lindley, 1980 OK 6, ¶ 41 , 609 P.2d 733, 748 .

11
Black v. Keystone Steel Fabricationgreen
ca10 · 1978 · cited in 1 Oklahoma opinions naming this issue, 2010–2010
2 sentences

2010See also Black, Sivalls & Bryson, Inc. v. Keystone Steel Fabrication, Inc., 584 F.2d 946, 951 (10th Cir.1978). [14 Applying the UTSA's definition and the Restatement factors to this case, and viewing the facts in a light most favorable to Hearn, it is apparent that the issue of whether Hearn's perforation methods, systems and processes constitute a trade secret is a disputed issue of fact.

2010See also Black, Sivalls & Bryson, Inc. v. Keystone Steel Fabrication, Inc., 584 F.2d 946, 951 (10th Cir.1978). [14 Applying the UTSA's definition and the Restatement factors to this case, and viewing the facts in a light most favorable to Hearn, it is apparent that the issue of whether Hearn's perforation methods, systems and processes constitute a trade secret is a disputed issue of fact.

11
Estate of Skvorak v. Security Union Title Insurance Companygreen
idaho · 2004 · cited in 1 Oklahoma opinions naming this issue, 2010–2010
2 sentences

2010As noted above, Bank and the trial court relied on an Idaho decision, Estate of Skvorak v. Security Union Title Insurance Co., 140 Idaho 16 , 89 P.3d 856 (2004), which expressly rejected the Restatement rule.

2010As noted above, Bank and the trial court relied on an Idaho decision, Estate of Skvorak v. Security Union Title Insurance Co., 140 Idaho 16 , 89 P.3d 856 (2004), which expressly rejected the Restatement rule.

11
Willie B. Keating v. Shell Chemical Company, Willie B. Keating v. Herbert L. Bensongreen
ca5 · 1980 · cited in 1 Oklahoma opinions naming this issue, 2005–2005
2 sentences

2005Co., 610 F.2d 328, 332 (5th Cir.1980)). ¶ 27 This pronouncement is not intended to expand the narrow intentional tort exception to workers’ compensation exclusivity. 3 Rather, it constitutes this Court’s refusal to apply a stricter standard of intent to a worker’s tort claim against the employer than the Restatement standard of intent which would be applied to any other intentional tort.

2005Co., 610 F.2d 328, 332 (5th Cir.1980)). ¶ 27 This pronouncement is not intended to expand the narrow intentional tort exception to workers' compensation exclusivity. [3] Rather, it constitutes this Court's refusal to apply a stricter standard of intent to a worker's tort claim against the employer than the Restatement standard of intent which would be applied to any other intentional tort.

11
Madden v. Deere Credit Services, Inc.green
ala · 1992 · cited in 1 Oklahoma opinions naming this issue, 1998–1998
2 sentences

1998The court, after citing the Restatement .(Second) of Torts § 183 (1965), comment h, observed that under the Restatement principle, the use of force, such as breaking or removing a padlock, does not comport with concepts of reasonableness and peaceableness, and was therefore a violation of the prohibition in the Uniform Commercial Code. 5 Madden v. Deere Credit Services, Inc., 598 So.2d 860, 865 (Ala.1992).

1998The court, after citing the Restatement (Second) of Torts § 183 (1965), comment h, observed that under the Restatement principle, the use of force, such as breaking or removing a padlock, does not comport with concepts of reasonableness and peaceableness, and was therefore a violation of the prohibition in the Uniform Commercial Code. [5] Madden v. Deere Credit Services, Inc., 598 So.2d 860, 865 (Ala. 1992).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Stroud v. Arthur Andersen & Co. green
okla · 2001
2 sentences

2011Id. 113 "Under the Restatement test an auditor would be liable to a limited group of people embracing (1) those for whose guidance the auditor intended to supply the audit data and (2) those to whom the auditor knows his client intended to supply the audited financial statements." Stroud, 2001 OK 76 , 1 34, 37 P.3d at 794 .

2011Id. 113 "Under the Restatement test an auditor would be liable to a limited group of people embracing (1) those for whose guidance the auditor intended to supply the audit data and (2) those to whom the auditor knows his client intended to supply the audited financial statements." Stroud, 2001 OK 76 , 1 34, 37 P.3d at 794 .

12011–2011
Central Plastics Company v. Goodson green
okla · 1975
2 sentences

2010Central Plastics Co. v. Goodson, 1975 OK 71 , ¶ 16, 537 P.2d 330, 333 , and Amoco Production Co. v. Lindley, 1980 OK 6, ¶ 41 , 609 P.2d 733, 743 (quoting the Restatement of Torts, § 757, Comment b, at p. 6 (1939).

2010Central Plastics Co. v. Goodson, 1975 OK 71 , ¶ 16, 537 P.2d 330, 333 , and Amoco Production Co. v. Lindley, 1980 OK 6, ¶ 41 , 609 P.2d 733, 743 (quoting the Restatement of Torts, § 757, Comment b, at p. 6 (1939).

12010–2010
ALH Holding Co. v. Bank of Telluride green
colo · 2000
2 sentences

2010In ALH Holding Co. v. Bank of Telluride, 18 P.3d 742 (Colo.2000), the buyer of property borrowed $110,000 from the vendor, secured by a vendor's purchase money deed of trust, 9 and borrowed $55,000 from a bank for the balance of the purchase price, also secured by a deed of trust.

2010In ALH Holding Co. v. Bank of Telluride, 18 P.3d 742 (Colo.2000), the buyer of property borrowed $110,000 from the vendor, secured by a vendor's purchase money deed of trust, 9 and borrowed $55,000 from a bank for the balance of the purchase price, also secured by a deed of trust.

12010–2010
Board of Trade of Chicago v. United States green
· 1918
2 sentences

2008The "fairness" of particular competitive acts is the specific focus of other statutes; [9] the "true test of legality" pursuant to a rule of reason analysis is whether the restraint "merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition." Board of Trade of City of Chicago v. U.S., 246 U.S. 231, 238 , 38 S.Ct. 242, 244 , 62 L.Ed. 683 (1918). [10] ¶ 32 The Restatement analysis may provide information that is relevant to determining the "reasonableness" of a restrictive covenant, but that approach can also be incomplete or intr

2008The "fairness" of particular competitive acts is the specific focus of other statutes; [9] the "true test of legality" pursuant to a rule of reason analysis is whether the restraint "merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition." Board of Trade of City of Chicago v. U.S., 246 U.S. 231, 238 , 38 S.Ct. 242, 244 , 62 L.Ed. 683 (1918). [10] ¶ 32 The Restatement analysis may provide information that is relevant to determining the "reasonableness" of a restrictive covenant, but that approach can also be incomplete or intr

12008–2008
Neil v. Pennsylvania Life Insurance Company green
okla · 1970
2 sentences

2008Co., 1970 OK 172 , ¶ 8, 474 P.2d 961, 963 . ¶ 33 Consequently, to the extent that Lundy argues the "reasonableness" of the Non-Solicitation Agreement is determined by the Restatement test, that argument fails as a matter of law.

2008Co., 1970 OK 172 , ¶ 8, 474 P.2d 961, 963 . ¶ 33 Consequently, to the extent that Lundy argues the "reasonableness" of the Non-Solicitation Agreement is determined by the Restatement test, that argument fails as a matter of law.

12008–2008
Tollett v. Henderson green
scotus · 1973
2 sentences

1994In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, [ 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) ] and McMann v. Richardson, supra, [ 397 U.S. 759 , 96 S.Ct. 1441 , 25 L.Ed.2d 763 (1970) ].

1994In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, [ 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) ] and McMann v. Richardson, supra, [ 397 U.S. 759 , 96 S.Ct. 1441 , 25 L.Ed.2d 763 (1970) ].

11994–1994
McMann v. Richardson green
scotus · 1970
2 sentences

1994In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, [ 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) ] and McMann v. Richardson, supra, [ 397 U.S. 759 , 96 S.Ct. 1441 , 25 L.Ed.2d 763 (1970) ].

1994In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, [ 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) ] and McMann v. Richardson, supra, [ 397 U.S. 759 , 96 S.Ct. 1441 , 25 L.Ed.2d 763 (1970) ].

11994–1994
Jeanne Armsted Rhody and Donnell Rhody v. State Farm Mutual Insurance Company green
ca10 · 1985
2 sentences

1990Panama cites to Collins Radio Co. of Dallas v. Bell, infra note 50 and Rhody v. State Farm Mutual Insurance Co., 771 F.2d 1416 [10th Cir.1985] as authority for application of the Restatement test to its breach of contract theory. 47 .

1990Panama cites to Collins Radio Co. of Dallas v. Bell, infra note 50 and Rhody v. State Farm Mutual Insurance Co., 771 F.2d 1416 [10th Cir.1985] as authority for application of the Restatement test to its breach of contract theory. 47 .

11990–1990
Dawson v. Associates Financial Services Co. of Kansas, Inc. green
kan · 1974
2 sentences

1978Froelich was cited with approval in Dawson v. Associates Financial Service Co. of Kansas, Inc., 215 Kan. 814 , 529 P.2d 104 (1976) and the Court said: “We are persuaded that the restatement rule is the proper rule to adopt.

1978Froelich was cited with approval in Dawson v. Associates Financial Service Co. of Kansas, Inc., 215 Kan. 814 , 529 P.2d 104 (1976) and the Court said: “We are persuaded that the restatement rule is the proper rule to adopt.

11978–1978
Scott v. State neutral
oklacrimapp · 1936
1 sentence

1965The Hilyard case quotes from Scott v. State, 59 *86 Old.Cr. 231, 57 P.2d 639 , which is a restatement of the rule quoted above from the Shacklett case.

11965–1965

Where else courts name it

CA 103 (1909–2025) TX 86 (1927–2026) PA 68 (1901–2026) AZ 55 (1953–2026) NJ 53 (1957–2026) WA 49 (1943–2025) IL 47 (1946–2016) IN 44 (1979–2019) OR 40 (1960–2020) NY 39 (1900–2024) OH 33 (1950–2024) AL 32 (1911–2017) IA 32 (1972–2026) MI 31 (1891–2023) DE 30 (1945–2026) MO 29 (1889–2023) CT 26 (1982–2026) FL 25 (1968–2021) MN 23 (1954–2024) MD 23 (1960–2023) UT 20 (1983–2026) WI 19 (1931–2019) VT 19 (1991–2026) MA 18 (1975–2010) DC 17 (1987–2025) NM 17 (1916–2024) TN 16 (1952–2019) KS 16 (1972–2022) AK 14 (1975–2024) GA 13 (1923–2022) CO 13 (1986–2024) LA 12 (1964–2021) NE 11 (1930–2026) VA 11 (1932–2026) ME 11 (1955–2020) RI 11 (1956–2019) MT 10 (1955–2020) SD 10 (1970–2023) OK 10 (1965–2011) MS 9 (1966–2017) ND 9 (1976–2024) AR 9 (1907–2014) ID 7 (1983–2005) VI 7 (1980–2023) WV 7 (1956–2023) HI 6 (1945–2020) SC 5 (1968–2023) KY 5 (1919–2016) WY 5 (1981–1992) NV 5 (1983–2017) NC 4 (1969–1998) NH 3 (1992–2024)

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.

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