may consider waiver (Oklahoma) · Go Syfert
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may consider waiver in Oklahoma

7 Oklahoma opinions name it 3 courts 1993–2017 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 (4)

CaseFollowedCited
Lennon v. Seamangreen
nysd · 1999 · cited in 2 Oklahoma opinions naming this issue, 2017–2017
2 sentences

2017See Lennon v. Seaman , 63 F.Supp.2d 428, 439 (S.D.N.Y. 1999) ("when the defense of laches is clear on the face of the complaint, and where it is clear that the plaintiff can prove no set of facts to avoid the insuperable bar, a court may consider the defense on a motion to dismiss).

2017See Lennon v. Seaman , 63 F.Supp.2d 428, 439 (S.D.N.Y. 1999) ("when the defense of laches is clear on the face of the complaint, and where it is clear that the plaintiff can prove no set of facts to avoid the insuperable bar, a court may consider the defense on a motion to dismiss).

22
Abernethy v. Fishkinred
fla · 1997 · cited in 1 Oklahoma opinions naming this issue, 2003–2003
1 sentence

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

11
Johnson v. Johnsonred
tenn · 2001 · cited in 1 Oklahoma opinions naming this issue, 2003–2003
1 sentence

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

11
Kramer v. Kramergreen
neb · 1997 · cited in 1 Oklahoma opinions naming this issue, 2003–2003
2 sentences

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

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 (6)

CaseCitedYears
Sneed v. Sneed green
okla · 1984
2 sentences

2004Sneed v. Sneed, 1984 OK 22 , 681 P.2d 754 . ¶ 11 The eight factors listed in Rule 1.5(a), are analogous to the factors listed in State ex rel.

2004Sneed v. Sneed, 1984 OK 22 , 681 P.2d 754 . ¶ 11 The eight factors listed in Rule 1.5(a), are analogous to the factors listed in State ex rel.

22004–2004
Troxell v. Troxell green
oklacivapp · 2001
2 sentences

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

12003–2003
Scheidel v. Scheidel green
nmctapp · 2000
2 sentences

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

12003–2003
In Re Marriage of Strassner green
moctapp · 1995
1 sentence

2003See Major Fenton, Uniformed Services Former Spouses’ Protection Act and Veterans’ Disability and Dual Compensation Act Awards, 1998-FEB Army Law. 31, 32; *892 Kramer v. Kramer, 252 Neb. 526 , 567 N.W.2d 100, 113 (1997) (holding that, although disability benefits cannot be included as part of the marital estate, a court may consider the waiver of retirement pension benefits in favor of disability benefits “in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage

12003–2003
McCleskey v. Zant green
scotus · 1991
2 sentences

1997In other words, this type of claim need not also meet the requirements of section 1089(C)(2) in order to obtain review on the merits. [16] "One of the law's very objects is the finality of its judgments." McCleskey v. Zant, 499 U.S. 467, 491 , 111 S.Ct. 1454, 1468 , 113 L.Ed.2d 517 (1991). [17] 22 O.S.Supp.1995, § 1089(D)(4)(b)(1). [18] Because Walker did not raise an ineffective assistance of trial counsel claim on direct appeal, many of the facts he now asserts to support his trial counsel ineffectiveness claims were obviously not included in his direct appeal record.

1997In other words, this type of claim need not also meet the requirements of section 1089(C)(2) in order to obtain review on the merits. [16] "One of the law's very objects is the finality of its judgments." McCleskey v. Zant, 499 U.S. 467, 491 , 111 S.Ct. 1454, 1468 , 113 L.Ed.2d 517 (1991). [17] 22 O.S.Supp.1995, § 1089(D)(4)(b)(1). [18] Because Walker did not raise an ineffective assistance of trial counsel claim on direct appeal, many of the facts he now asserts to support his trial counsel ineffectiveness claims were obviously not included in his direct appeal record.

11997–1997
State Ex Rel. Burk v. City of Oklahoma City green
okla · 1979
1 sentence

1993Burk, supra. Southwestern Bell Telephone Company, supra, makes clear that the trial court may consider factors other than reasonable hours multiplied by a reasonable rate in determining a reasonable attorney fee under 12 O.S.1981 § 936.

11993–1993

Where else courts name it

IN 59 (1981–2025) MI 47 (1985–2025) TX 45 (1984–2025) CA 45 (1965–2026) NY 41 (1977–2026) OH 27 (1998–2025) IL 20 (1977–2024) AL 20 (1984–2025) PA 13 (1987–2024) VA 13 (2003–2025) LA 13 (1989–2021) CO 12 (2003–2025) CT 11 (1981–2024) MO 11 (1975–2021) NE 11 (1988–2025) WI 10 (1992–2026) FL 8 (1989–2023) OR 7 (1992–2018) WA 7 (1913–2023) OK 7 (1993–2017) AR 6 (1980–2025) ID 6 (1984–2023) AZ 5 (2009–2017) NH 5 (1979–2022) NJ 5 (2012–2026) MN 4 (1993–2000) ME 4 (2015–2025) DC 4 (1999–2024) MS 4 (1986–2022) KS 3 (2011–2021) NM 3 (2010–2024) GA 3 (1920–2021) DE 3 (2015–2015) MA 2 (1994–2019) AK 2 (1997–2015) ND 2 (1980–1986) TN 2 (2015–2018)

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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