Case law

Densley v. Department of Retirement Systems

162 Wash. 2d 210 · Washington Supreme Court · Nov 15, 2007

He later established retroactive membership in PERS 1 to May 1977. … One clearly appears broader than the other.

State v. Kurtz

Washington Supreme Court · Sep 19, 2013

The State also contends that each element of the medical necessity defense is addressed by the Act and establishes inconsistencies between the two. … While some of these elements are indeed similar to the common law defense, they are not identical and are not clearly inconsistent.

Perkins v. CTX Mortgage Co.

137 Wash. 2d 93 · Washington Supreme Court · Jan 7, 1999

Washington case law clearly prohibits lay persons from preparing legal documents, such as those at issue in this case, unless specifically exempted by this court, or certified by the Limited Practice Board. … CTX fails to demonstrate how bifurcation of the real estate loan transaction ensures that qualified individuals exercise legal discretion.

City of Bellevue v. International Ass'n of Fire Fighters, Local 1604

119 Wash. 2d 373 · Washington Supreme Court · Jun 25, 1992

This power shall not be affected or impaired by any means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law. RCW 41.56.160. … However, the statute expressly qualifies this exclusion from the duty to bargain in good faith with the language "unless otherwise provided in" RCW 41.56. RCW 41.56.030(4).

Fenimore v. Donald M. Drake Construction Co.

87 Wash. 2d 85 · Washington Supreme Court · May 6, 1976

All facts tending to establish a theory of a party, or to qualify or disprove the testimony of his adversary, are relevant. Ladley v. Saint Paul Fire & Marine Ins. Co., 73 Wn.2d 928 , 442 P.2d 983 (1968). … Taken together, these cases indicate that the trial court should grant such a motion if it describes the evidence which is sought to be excluded with sufficient specificity to enable the trial court to determine that it is clearly

State ex rel. Brislawn v. Meath

84 Wash. 302 · Washington Supreme Court · Mar 6, 1915

The sense and discretion of the legislature, as well as its power to discriminate between an act falling clearly without and one falling clearly within the constitution, should, if we are consistent, be given the same weight … “Where the principle of direct legislation has been adopted, the legislative power is primarily in the people, and the old rule that the legislative body has primary power must be qualified.

In Re Estate of Appleton

163 Wash. 632 · Washington Supreme Court · Jul 24, 1931

terms as he may determine, either real or personal property *637 regardless of whether the sale is necessary to pay the debts of my estate or the expenses of administration, and no bond shall be required of my executor to qualify … The bequests in the sixth paragraph of the will are clearly unaffected by this cancellation. By the fifth paragraph of the will, as originally written, Mrs.

Reynolds v. Day

79 Wash. 499 · Washington Supreme Court · May 6, 1914

It would be a very dangerous doctrine to establish, that in all cases where the several states have substituted the statute for the common law, the liability can be enforced in no other state but that where the statute was … It is true only in a qualified sense. Our law is not opposed to the common law .theory of recompense for injury. It is only opposed to the common law assumption that a suit at law furnishes adequate recompense.

State v. Strauss

119 Wash. 2d 401 · Washington Supreme Court · Jul 9, 1992

The court's observations in Sauve clearly do not apply to this case. The Court of Appeals explicitly held that the trial court erred in finding the aggravating factors at issue. … We do not reach this argument because even if the confrontation clause were to apply at sentencing hearings, the defendant has failed to establish that the clause was violated in his particular case.

Cockle v. Dept. of Labor and Industries

16 P.3d 583 · Washington Supreme Court · Jan 18, 2001

Such an argument would be persuasive had the Legislature enumerated all qualifying benefits, but it did not. … Cockle argues that, even under Larson's analytical criteria, her health care coverage should be included in "wages," since it provided valuable present peace of mind and clearly qualified as "real economic gain." [9] Courts

State v. Greene

984 P.2d 1024 · Washington Supreme Court · Sep 30, 1999

The court concluded the proffered DID testimony was not admissible to establish a defense of insanity. … "`If there is a significant dispute between qualified experts as to the validity of scientific evidence, it may not be admitted.'"

Hetrick v. Smith

67 Wash. 664 · Washington Supreme Court · Mar 28, 1912

Kelley, without the respondent’s knowledge or consent, five shares of this stock without consideration-, and for the obvious purpose of qualifying him to act as a trustee of the corporation. … This would clearly be the actual value if the book value of the assets be taken as their actual worth.

General Motors Corp. v. State

60 Wash. 2d 862 · Washington Supreme Court · Dec 6, 1962

This office was supervised by the Portland zone manager for a time, and later a Seattle zone office was established. … General Motors has paid the tax since the establishment of the new zone office, and that tax is not contested.

Farmers State Bank v. Chick

143 Wash. 614 · Washington Supreme Court · Apr 28, 1927

The insurance company cross-complained, and sought to establish a lien against the crop and the sale thereof, and also for the taxes paid and interest on the foreclosure judgment during the year of redemption. … C. § 9969], provides: “Every executor or administrator shall, after having qualified, by giving bond as hereinbefore provided, *619 have a right to the immediate possession of all the real as well as personal estate of the

Roberts v. Dudley

993 P.2d 901 · Washington Supreme Court · Feb 22, 2000

Prior judicial decisions may also establish the relevant public policy. … Rather, we recognize the long-established tort of wrongful discharge may be established when the discharge is wrongfully accomplished on account of gender. [1] Article I, section 8 of the California Constitution provides:

In Re Mason's Estate

189 Wash. 641 · Washington Supreme Court · Apr 1, 1937

Statutes have not changed the rule in this respect, excepting in so far as they establish the order of preference. … He is the one person of all others who has an intimate knowledge of the property and its value, and manifestly he is better qualified to administer upon it than can be an absolute stranger thereto.” (Italics mine.)

Iverson v. Marine Bancorporation

83 Wash. 2d 163 · Washington Supreme Court · Dec 20, 1973

(The allegations of error need not be expressed in any technical form, but must clearly indicate what is intended.) 3. The trial court, guided by our opinion in O'Connor v. … Speaking of justice, I think it an injustice that one person be afforded privileges and immunities at public expense not available to all persons under like conditions.

In re Estate of Hambleton

Washington Supreme Court · Oct 2, 2014

The amendment allows the Department of Revenue (DOR) to tax qualified terminable interest property (QTIP) as part of a surviving spouse's estate. … His will left a testamentary trust for the benefit of his wife that qualified for the federal QTIP election.

City of Seattle v. Erickson

Washington Supreme Court · Jul 6, 2017

We have noted that "'[a] single invidiously discriminatory governmental act is not immunized by the absence of such discrimination in the making of other comparable decisions."' … We should assume that all members of the public who adhere to a summons to appear for jury service are qualified to hear a case unless otherwise shown.

State ex rel. Davis-Smith Co. v. Clausen

65 Wash. 156 · Washington Supreme Court · Sep 27, 1911

It is also provided: “If a single establishment or work comprises several occupations listed in this section in different risk classes, the premium shall be computed according to the pay roll of each occupation if clearly … This statute clearly does everything that is charged against the statute at bar.