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The Oklahoma Court of Civil Appeals was established by the state legislature in 1970 under Title 20, section 30.1, of the Oklahoma Statutes, which provides: "There is hereby established an intermediate appellate court to be known as the Court of Civil Appeals of the State of Oklahoma which shall have the power to determine or otherwise dispose of any cases that are assigned to it by the ...
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
(4) whether the Oklahoma Court of Criminal Appeals' holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment. January 22, 2024: October 9, 2024 Gutierrez v. Saenz: 23-7809
The United States Court of Appeals for the Tenth Circuit determined in Rock Island Improvement Co. v. Helmerich & Payne, Inc., 698 F.2d 1075 (10th Cir. 1984) that the Oklahoma Supreme Court relied on an Oklahoma statute providing that "no person can recover a greater amount in damages for a breach of an obligation than he would have gained by ...
E. Bay Mitchell, III (born November 6, 1953) is a judge on the Oklahoma Court of Civil Appeals, the intermediate appellate court in the state of Oklahoma. He represents District 6, Office 1. Governor Frank Keating appointed him to this position in 2002. [1] and he was retained by voters in 2004, [2] in 2006, and 2012.
Simpson died Wednesday without having paid the lion’s share of the civil judgment that was awarded in 1997 after jurors found him liable. With his assets set to go through the court probate ...
U.S. District Judge Lewis Liman ordered Giuliani on Tuesday to surrender his property to settle a $145 million civil judgment for defaming two Georgia election workers after the 2020 election by ...
A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the thing taken in distress) [4] with damages for the loss sustained by such action. [3]