Torres v. Seaboard Foods, LLC

41 Citing cases

  1. Hill v. Am. Med. Response

    2018 OK 57 (Okla. 2018)   Cited 19 times
    In Hill v. American Medical Response, 2018 OK 57, ¶ 1, 423 P.3d 1119, 1123, this court upheld the mandatory use of guidelines established by the American Medical Association for assessing impairment for non-scheduled members set forth in 85A O.S.Supp.2013, § 45, referencing the AMA Guides to the Evaluation of Permanent Impairment, Sixth Ed.

    He asserts that mandatory use of the AMA Guides, Sixth Edition, is an arbitrarily-designed employer immunity that shifts the economic loss to an innocent injured employee. Beyond this assertion, Hill's argument is supported only by citation to this Court's opinion in Torres v. Seaboard Foods, LLC , 2016 OK 20, 373 P.3d 1057. ¶ 49 Substantive due process prohibits arbitrary government action and encompasses a general requirement that all government actions have a fair and reasonable impact on the life, liberty, or property of the person affected.

  2. Graham v. D&K Oilfield Servs., Inc.

    404 P.3d 863 (Okla. 2017)   Cited 8 times

    The presumed constitutionality of a legislative enactment is rebutted only when the enactment is prohibited by either the Oklahoma Constitution or federal law. Torres v. Seaboard Foods, LLC, 2016 OK 20, ¶ 17, 373 P.3d 1057. The party seeking a statute's invalidation as unconstitutional has the burden to show the statute is clearly, palpably, and plainly inconsistent with the Oklahoma Constitution.

  3. Beason v. I. E. Miller Servs., Inc.

    2019 OK 28 (Okla. 2019)   Cited 5 times   1 Legal Analyses

    ; In re Flynn's Estate , 1951 OK 310, 237 P.2d 903, 905 ("The authority of the Legislature extends to all rightful subjects of legislation not withdrawn by the Constitution or in conflict therewith.").Torres v. Seaboard Foods, LLC , 2016 OK 20, ¶ 17, n. 14, 373 P.3d 1057, 1066.In re Detachment of Municipal Territory from City of Ada, Okla. , 2015 OK 18, ¶ 7, 352 P.3d 1196, 1199.

  4. Graham v. D&K Oilfield Servs., Inc.

    2017 OK 72 (Okla. 2017)   Cited 7 times

    The presumed constitutionality of a legislative enactment is rebutted only when the enactment is prohibited by either the Oklahoma Constitution or federal law. Torres v. Seaboard Foods, LLC, 2016 OK 20, ¶17, 373 P.3d 1057. The party seeking a statute's invalidation as unconstitutional has the burden to show the statute is clearly, palpably, and plainly inconsistent with the Oklahoma Constitution.

  5. Young v. Station 27, Inc.

    2017 OK 68 (Okla. 2017)   Cited 19 times
    Concluding a plaintiff's claim in District Court was governed by a statute and not common-law public policy tort, in part because of the rule where the common law provides a remedy and another remedy is provided by statute, the statutory remedy is merely cumulative unless the statutory remedy declares itself to be exclusive

    " ' "Multiple Injury Trust Fund v. Coburn, 2016 OK 120, n. 49, 386 P.3d 628, citing Torres v. Seaboard Foods, L.L.C., 2016 OK 20, ¶ 11, 373 P.3d 1057, 1065 and Yocum v. Greenbriar Nursing Home, 2005 OK 27, ¶ 10, 130 P.3d 213, 219. V. Public Policy and Plaintiff's Retaliatory Discharge Claim

  6. Southon v. Okla. Tire Recyclers, LLC

    2019 OK 37 (Okla. 2019)   Cited 6 times

    We may not set aside legislation for violating substantive due process unless "it is clearly irrelevant to the policy the Legislature may adopt or is arbitrary, unreasonable or discriminatory." Torres v. Seaboard Foods, LLC, 2016 OK 20, ¶ 27, n.46, 373 P.3d 1057, 1072. When examining this question we must ascertain the following

  7. Wells v. Roofing

    2019 OK 45 (Okla. 2019)   Cited 11 times
    Classifying the allegations in petition as alleging intentional conduct by the party and noting allegations of a required improper safety procedure with employer's knowledge

    In examining a legislative enactment, this Court will "construe and apply it in a manner that avoids conflict with our Constitution and give[s] the enactment the force of law." Torres v. Seaboard Foods, LLC, 2016 OK 20, ¶ 17, 373 P.3d 1057, 1066-67, as corrected (Mar. 4, 2016). ¶14 Our analysis begins with the text and context of § 12.

  8. Compsource Mut. Ins. Co. v. State ex rel. Okla. Tax Comm'n

    2018 OK 54 (Okla. 2018)   Cited 10 times
    Creating an ambiguity by injecting the notion of specific versus general references, and then reaching the desired policy goal of tax rebates that the unambiguous text would not have permitted

    If the language of the statute is plain and unambiguous, the legislative intent is deemed to be expressed by the statutory language. Torres v. Seaboard Foods , LLC, 2016 OK 20, ¶ 11, n. 8, 373 P.3d 1057, 1065, citing Yocum v. Greenbriar Nursing Home , 2005 OK 27, ¶ 9, 130 P.3d 213, 219.Brown v. Claims Management Resources, Inc. , 2017 OK 13, ¶ 20, 391 P.3d 111, 118 ; Torres v. Seaboard Foods , LLC, 2016 OK 20, ¶ 11, 373 P.3d 1057, 1065.

  9. Cantwell v. Flex-N-Gate

    2023 OK 116 (Okla. 2023)

    There is little doubt that a state legislature may alter private contractual rights of employers and employees when it properly exercises its police power in creating a particular workers' compensation law, or that the workers' compensation laws, by themselves, have been considered by courts as a legitimate State interest since the compensation laws were first created. Torres v. Seaboard Foods, LLC, 2016 OK 20, ¶ 30, 373 P.3d 1057, 1073. However, it is also clear that a State's legitimate interests in regulating business practices does not exempt it from the requirements of substantive due process.

  10. State v. Rivero

    2021 OK 31 (Okla. 2021)   Cited 7 times

    Mustang Run Wind Project, LLC v. Osage County Bd. of Adjustment, 2016 OK 113, n. 9, 387 P.3d 333, 339 (Constitution must be construed as a consistent whole, in harmony with common sense and reason, with all pertinent portions of the Constitution being construed together). See, e.g., Torrres v. Seaboard Foods, LLC, 2016 OK 20, ¶ 17, 373 P.3d 1057, 1066-1067 (a legislative enactment should be construed in a manner that avoids conflict with our Constitution).Robinson v. Fairview Fellowship Home for Senior Citizens, Inc., 2016 OK 42, ¶ 10, 371 P.3d 477, 482 (fact-finding associated with interpretation and application of statutory authority consistent with a constitutional provision may obviate a need to adjudicate unconstitutionality of a statute or an official's conduct based upon that interpretation and application of the statutory authority consistent with constitutional principles).