Summary
The Oklahoma Supreme Court held that 40 O.S. § 4-313 does not create a private right of action to challenge the termination of federal COVID-related unemployment programs. Because the plaintiffs could not establish a likelihood of success on the merits or a clear legal right, the court vacated the mandatory preliminary injunction, lifted the stay, and remanded with instructions to dismiss the case with prejudice.
Holdings
- Section 4-313 does not create a private right of action for citizens to enforce the Oklahoma Employment Security Act.
- The district court abused its discretion by granting a mandatory preliminary injunction requiring Zumwalt to reinstate and administer the COVID-related unemployment programs.
Questions Presented
- Whether 40 O.S. § 4-313 creates a private right of action allowing private citizens to obtain declaratory or injunctive relief to enforce the Oklahoma Employment Security Act.
- Whether the district court abused its discretion by granting a mandatory preliminary injunction when the plaintiffs lacked a private right of action and therefore could not establish a likelihood of success on the merits or violation of a clear legal right.
Disposition
remanded
Cases Cited (9)
- Brown v. Oklahoma Secondary School Activities Ass'n, 2005 OK 88, 125 P.3d 1219(followed)
- Sharp v. 251st Street Landfill, Inc., 1996 OK 109, 925 P.2d 546(followed)
- State ex rel. State Highway Comm'n v. Gillam, 1940 OK 390, 105 P.2d 773(followed)
- Dusbabek v. Local Bldg. & Loan Ass'n, 1936 OK 769, 63 P.2d 756(followed)
- Peck v. State ex rel. Dep't of Highways, 1960 OK 89, 350 P.2d 948(followed)
- Dowell v. Pletcher, 2013 OK 50, 304 P.3d 457(followed)
- Thompson v. North, 1942 OK 346, 129 P.2d 1011(followed)
- Holbert v. Echeverria, 1987 OK 99, 744 P.2d 960(followed)
- Hunsucker v. Fallin, 2017 OK 100, 408 P.3d 599(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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