property damage claim (Oklahoma) · Go Syfert
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property damage claim in Oklahoma

8 Oklahoma opinions name it 2 courts 1989–2023 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.

Followed or applied (3)

CaseFollowedCited
PROGRESSIVE DIRECT INSURANCE CO. v. POPEgreen
okla · 2022 · cited in 3 Oklahoma opinions naming this issue, 2023–2023
2 sentences

2023Id. ¶12, 507 P.3d at 693.

2023Id. ¶12, 507 P.3d at 693 .

23
Evans v. Sittongreen
okla · 1987 · cited in 1 Oklahoma opinions naming this issue, 1999–1999
1 sentence

1999See Evans v. Sitton, 735 P.2d 334, 336 (Okla.1987) (“Section 940(A) states that if a judgment is rendered for the defendant, the defendant is entitled to attorney fees as the prevailing party.”) ¶ 9 On remand, the trial court is directed to award a reasonable attorney fee to Jason and Ron Lee for the successful defense of Griffith’s property damage claim against them.

11
Alonzo Bonner v. Joseph Coughlingreen
ca7 · 1975 · cited in 1 Oklahoma opinions naming this issue, 1989–1989
2 sentences

1989The Supreme Court in Par-ratt, addressing these very points, adopted the reasoning of the Seventh Circuit in Bonner v. Coughlin, 517 F.2d 1311, 1319 (7th Cir.1975), where that court stated: “It seems to us that there is an important difference between a challenge to an established state procedure as lacking in due process and a property damage claim arising out of the misconduct of state officers.... even though there is action ‘under color of state law sufficient to bring the amendment into play, the state action is not necessarily complete.

1989The Supreme Court in Parratt , addressing these very points, adopted the reasoning of the Seventh Circuit in Bonner v. Coughlin, 517 F.2d 1311, 1319 (7th Cir.1975), where that court stated: "It seems to us that there is an important difference between a challenge to an established state procedure as lacking in due process and a property damage claim arising out of the misconduct of state officers.... even though there is action `under color of' state law sufficient to bring the amendment into play, the state action is not necessarily complete.

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 (3)

CaseCitedYears
Vaughan v. City of Broken Arrow green
okla · 1999
2 sentences

2011Cf. Vaughan v. City of Broken Arrow, 1999 OK 47 , 981 P.2d 316 (holding that although the parties had settled the claimant's property damage claim, they had agreed to extend the section 157 time limits until all of the claimant's personal injury damages could be determined). { 12 Therefore, we find that the failure to timely file suit after denial of the Notice of claim for "property damage" did not preclude the Kennedys from filing the second Notice claiming personal injuries and "other damages" not related to the property damage claim.

2011Cf. Vaughan v. City of Broken Arrow, 1999 OK 47 , 981 P.2d 316 (holding that although the parties had settled the claimant's property damage claim, they had agreed to extend the section 157 time limits until all of the claimant's personal injury damages could be determined). { 12 Therefore, we find that the failure to timely file suit after denial of the Notice of claim for "property damage" did not preclude the Kennedys from filing the second Notice claiming personal injuries and "other damages" not related to the property damage claim.

12011–2011
State Ex Rel. Burk v. City of Oklahoma City green
okla · 1979
2 sentences

1999T6 Defendant contends the trial court abused its discretion by not properly considering some of the factors set out in Burk v. City of Oklahoma City, 1979 OK 115 , 598 P.2d 659 , specifically the amount involved in the controversy and the result obtained.

1999T6 Defendant contends the trial court abused its discretion by not properly considering some of the factors set out in Burk v. City of Oklahoma City, 1979 OK 115 , 598 P.2d 659 , specifically the amount involved in the controversy and the result obtained.

11999–1999
Professional Credit Collections, Inc. v. Smith green
okla · 1997
1 sentence

1998This unequal treatment is obviously violative the rights of litigants to equal protection of the law and denies the Truelocks equal access to the courts assured by Professional Credit Collections v. Smith, supra, and I dissent. ¶ 13 I am authorized to state that Chief Justice Kauger joins in part and Justice Wilson joins in the views expressed herein.

11998–1998

Statutes the citing opinions construe

OK § Okla. Stat. tit. 46, § 15 (3) OK § Okla. Stat. tit. 63, § 1-1900.1 (3) USC § 12u.s.c.5481 (3) USC § 15u.s.c.1692 (3) USC § 15u.s.c.1692a(6) (3) USC § 15u.s.c.1692a(a)(6)(f) (3) USC § 15u.s.c.1692e (3) USC § 15u.s.c.1692k (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 21 (1939–2026) LA 19 (1969–2026) TX 18 (1973–2026) CA 18 (1981–2016) IL 17 (1977–2016) WV 11 (1957–2024) NJ 11 (1958–2008) GA 8 (1983–2016) OK 8 (1989–2023) PA 7 (1982–2017) OH 7 (1951–2025) FL 6 (1966–2013) MO 5 (1970–2024) VA 5 (1987–2018) IN 5 (1949–2003) MT 5 (1972–2023) MS 4 (1992–2003) MA 4 (1974–2012) NC 4 (1995–2026) AZ 3 (2009–2025) AR 3 (2003–2022) CT 3 (1985–2000) MI 3 (1977–1993) NE 2 (1984–1989) UT 2 (2001–2017) WA 2 (1983–2011) MD 2 (1986–2012) OR 2 (1996–1998) IA 2 (2019–2019) SC 2 (2015–2023) SD 2 (1998–1998) AL 2 (1991–2002) CO 2 (2009–2009) ME 2 (1991–2008) WY 2 (2013–2013) KS 2 (1976–2010)

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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