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

8 Oklahoma opinions name it 3 courts 1986–2016 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.

Followed or applied (3)

CaseFollowedCited
Sooner State Optical, Inc. v. Blackburngreen
oklacivapp · 2006 · cited in 1 Oklahoma opinions naming this issue, 2011–2011
1 sentence

2011See also Sooner State Optical, Inc. at 112, 141 P.3d at 581 .

11
Watkinson v. Adamsgreen
okla · 1939 · cited in 1 Oklahoma opinions naming this issue, 1992–1992
2 sentences

1992In addition, the Court in Watkinson v. Adams, 187 Okl. 432 , 103 P.2d 498, 501 (1940) held that the rule providing for a strict construction of penal statutes is subordinate to the general principle that all statutes should be construed and applied in such a manner to accomplish the legislative intent.

1992In addition, the Court in Watkinson v. Adams, 187 Okl. 432 , 103 P.2d 498, 501 (1940) held that the rule providing for a strict construction of penal statutes is subordinate to the general principle that all statutes should be construed and applied in such a manner to accomplish the legislative intent.

11
State v. Sowardsgreen
· 1938 · cited in 1 Oklahoma opinions naming this issue, 1992–1992
2 sentences

1992In State v. Sowards, 64 Okl.Cr. 430 , 82 P.2d 324, 334 (1938) this Court determined that the rule of strict construction of a penal statute is not violated by giving its words a reasonable meaning according to the sense in which they were intended.

1992In State v. Sowards, 64 Okl.Cr. 430 , 82 P.2d 324, 334 (1938) this Court determined that the rule of strict construction of a penal statute is not violated by giving its words a reasonable meaning according to the sense in which they were intended.

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 (7)

CaseCitedYears
Parret v. UNICCO Service Co. red
okla · 2005
2 sentences

2016ANALYSIS ¶ 14 Because the incident that gave rise to this action occurred in 2008, the applicable law is found in this Court's pronouncement in Parret v. UNICCO , 2005 OK 54 , 127 P.3d 572 . 2 There, this Court determined the standard for when an employer's conduct is intentional therefore placing the employee's claim for injury or death outside the exclusive remedy provision of the Workers' Compensation Act.

2016ANALYSIS ¶ 14 Because the incident that gave rise to this action occurred in 2008, the applicable law is found in this Court's pronouncement in Parret v. UNICCO , 2005 OK 54 , 127 P.3d 572 . 2 There, this Court determined the standard for when an employer's conduct is intentional therefore placing the employee's claim for injury or death outside the exclusive remedy provision of the Workers' Compensation Act.

22016–2016
Claborn v. Plains Cotton Cooperative Ass'n green
oklacivapp · 2009
2 sentences

2013In Claborn v. Plains Cotton Cooperative Ass'n, 2009 OK CIV APP 39 , 211 P.3d 915 , the appellate court held that the cooperative could not be held negligent per se for a violation of the Occupational Safety and Health Administration (OSHA) regulation where the relationship of employee/employer did not exist with the plaintiff.

2013In Claborn v. Plains Cotton Cooperative Ass'n, 2009 OK CIV APP 39 , 211 P.3d 915 , the appellate court held that the cooperative could not be held negligent per se for a violation of the Occupational Safety and Health Administration (OSHA) regulation where the relationship of employee/employer did not exist with the plaintiff.

12013–2013
Woodis v. Oklahoma Gas & Electric Co. green
okla · 1985
2 sentences

2013Such a position was adopted as early as 1984 in Woodis v. OG & E Co., 1985 OK 62 , 704 P.2d 483 when the Court determined that violation of a national safety electric code constituted negligence per se. 1 15 We have long recognized that validly promulgated and executed regulations have the full force and effect of law 19 as do administrative rules which are binding expressions of lawmaking powers. 20 These rules and regulations, enacted by administrative agencies and boards pursuant to the powers delegated to them, are highly material and relevant to the issue of the applicable standard of car

2013Such a position was adopted as early as 1984 in Woodis v. OG & E Co., 1985 OK 62 , 704 P.2d 483 when the Court determined that violation of a national safety electric code constituted negligence per se. 1 15 We have long recognized that validly promulgated and executed regulations have the full force and effect of law 19 as do administrative rules which are binding expressions of lawmaking powers. 20 These rules and regulations, enacted by administrative agencies and boards pursuant to the powers delegated to them, are highly material and relevant to the issue of the applicable standard of car

12013–2013
OKLAHOMA NATURAL GAS, INC. v. Messer neutral
oklacivapp · 2010
2 sentences

2011Recently, in Oklahoma Natwral Gas, Inc. v. Messer, 2011 OK CIV APP 20 , 249 P.3d 99 , a separate division of this Court determined that a claim for "consequential psychological overlay" was not barred by claim preclusion because it involved injury that occurred subsequent to the trial court's previous order and that could not have been litigated in the previous proceeding.

2011Recently, in Oklahoma Natwral Gas, Inc. v. Messer, 2011 OK CIV APP 20 , 249 P.3d 99 , a separate division of this Court determined that a claim for "consequential psychological overlay" was not barred by claim preclusion because it involved injury that occurred subsequent to the trial court's previous order and that could not have been litigated in the previous proceeding.

12011–2011
Brewer Ex Rel. Brewer v. Independent School District 1 green
okla · 1993
1 sentence

2005Id.

12005–2005
Doyle v. State green
oklacrimapp · 1989
1 sentence

1991In Doyle v. State, 785 P.2d 317 (Okl.Cr.1989), this Court determined that a hearing for purposes of Section 1175.4 means a proceeding wherein the state and the defense are afforded an opportunity to present evidence concerning the defendant’s competency and to argue as to inferences therefrom.

11991–1991
Riggs v. Del Drago green
scotus · 1942
2 sentences

1986In Oklahoma, the well-established rule governing the construction of wills is to ascertain and give effect to the intent of the testator, either to the full extent or as far as possible. 6 “This intent is to be derived from the language of the will, and considering the instrument as a whole, and the different provisions in relation to one another.” 7 This Court, relying on Riggs v. Del Drago, 317 U.S. 95 , 63 S.Ct. 109 , 87 L.Ed. 106 (1942), has held the ultimate placement of the federal estate tax liability is controlled by state law.

1986In Oklahoma, the well-established rule governing the construction of wills is to ascertain and give effect to the intent of the testator, either to the full extent or as far as possible. 6 “This intent is to be derived from the language of the will, and considering the instrument as a whole, and the different provisions in relation to one another.” 7 This Court, relying on Riggs v. Del Drago, 317 U.S. 95 , 63 S.Ct. 109 , 87 L.Ed. 106 (1942), has held the ultimate placement of the federal estate tax liability is controlled by state law.

11986–1986

Where else courts name it

IL 79 (1973–2026) TX 69 (1970–2025) CA 62 (1953–2025) PA 44 (1909–2024) FL 43 (1978–2025) WA 34 (1966–2025) OH 29 (1943–2025) NY 28 (1981–2023) NJ 25 (1980–2025) IN 25 (1945–2019) MD 23 (1994–2024) MS 23 (1994–2026) MI 21 (1981–2026) TN 19 (1993–2022) CT 16 (1986–2019) MO 15 (1990–2024) WI 14 (1974–2024) KS 13 (1934–2020) UT 13 (1984–2022) OR 12 (2007–2022) LA 12 (1977–2018) IA 12 (1988–2019) NM 10 (1998–2013) AZ 10 (1977–2025) AL 9 (1991–2024) NC 9 (1987–2020) NE 8 (1999–2023) GA 8 (1996–2024) OK 8 (1986–2016) WY 7 (1979–2021) MN 7 (1993–2016) MT 7 (1989–2021) ID 6 (1990–2015) CO 6 (1992–2001) HI 5 (2002–2012) RI 5 (1981–2020) VA 5 (2000–2013) KY 4 (2008–2019) SD 4 (1986–2004) DE 4 (1974–2025) SC 4 (1993–2021) MA 3 (2002–2010) WV 3 (1979–2018) NV 3 (1982–2016) ND 2 (1965–2025) AR 2 (2001–2004) DC 2 (1982–1985) AK 2 (1980–1985)

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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