Case law

Soter v. Cowles Pub. Co.

174 P.3d 60 · Washington Supreme Court · Dec 27, 2007

Requested Records ¶ 23 Agencies bear the burden of establishing that a particular public disclosure exemption applies. RCW 42.56.550(1). … phrases refer to the last antecedent, absent a comma before the qualifying phrase.

State v. Collier

23 Wash. 2d 678 · Washington Supreme Court · Sep 22, 1945

Furthermore, it is well established that rulings of a trial court as to matters of joinder and continuance will not be held erroneous on appeal, except in cases where abuse of discretion is manifest. … This is the long-established rule in this state. It is said in State v.

State v. Sandoval

171 Wash. 2d 163 · Washington Supreme Court · Mar 17, 2011

Additionally, had the trial court specifically addressed the deportation provision in Sandoval’s plea agreement, the record would not establish prejudice. … An offense qualifies as “an aggravated felony if and only if the Tull range of conduct’ covered by it falls within the meaning of that term.” United States v.

Brower v. State

137 Wash. 2d 44 · Washington Supreme Court · Dec 24, 1998

The power to enact contingent legislation has clearly been recognized. … The election provisions were clearly encompassed within the title.

Kane v. Order of United Commercial Travelers of America

3 Wash. 2d 355 · Washington Supreme Court · Apr 2, 1940

It is the established rule in this and many other states that, where a provision of a policy of insurance is capable of two meanings, or is fairly susceptible of *360 two constructions, that meaning and construction most … The oral testimony received by the court to make clear what the parties contemplated when the word “infection” was used in the certificate was clearly admissible.

Wayland v. Hughes

43 Wash. 441 · Washington Supreme Court · Aug 15, 1906

It clearly appears that the fundamental purpose was to organize with students of the Seattle high school. … White, 82 Ind. 278 , in which the supreme court of Indiana held that the officers and trustees of Purdue University, an institution controlled and supported by the state, could not require an applicant, otherwise qualified

Lamtec Corp. v. Department of Revenue

246 P.3d 788 · Washington Supreme Court · Jan 20, 2011

Washington, 377 U.S. 436, 441 , 84 S.Ct. 1564 , 12 L.Ed.2d 430 (1964) ("`a taxpayer claiming immunity from a tax has the burden of establishing his exemption.'" (quoting Norton Co. v. … It has not held that an established sales force (or a physical presence) is a requirement to establish the requisite nexus.

Gould v. McCormick

75 Wash. 61 · Washington Supreme Court · Aug 19, 1913

It is contended that the court erred in entering a judgment establishing and foreclosing the lien. … In that case it was held that, where nonlienable items had been wilfully included in the lien notice to such an amount that, when taken in connection with the facts and circumstances of the case, clearly established bad faith

Budget Rent A Car Corp. v. Department of Licensing

144 Wash. 2d 889 · Washington Supreme Court · Oct 4, 2001

For an agency policy to qualify as a “rule” under the APA, two elements are required by statute: “Rule” means any agency order, directive, or regulation of general applicability (a) the violation of which subjects a *896 … Clearly this is not the case. At most, the statutory phrase “total... fleet” is ambiguous in this context. An ambiguity arises when a term is fairly susceptible to two or more reasonable interpretations. Schelinski v.

Ellis v. William Penn Life Assurance Co. of America

124 Wash. 2d 1 · Washington Supreme Court · May 26, 1994

WAC 284-23-400 through -460 establish the purpose of the regulations and the duties of insurers and their agents and brokers. … The estoppel issue in those cases is distinguishable from that in these cases, where wrongful acts were committed by both the insureds and the insurers, and the wrongful acts committed by the insurers are clearly in violation

Keilhamer v. West Coast Telephone Co.

11 Wash. 2d 24 · Washington Supreme Court · Oct 24, 1941

Respondent called three witnesses who qualified as experts in telephone work and in the installation of electrical and telephone equipment. … Appellant’s position is clearly untenable.

State v. Collins

110 Wash. 2d 253 · Washington Supreme Court · Mar 10, 1988

presents the question whether the element of "entering or remaining unlawfully" in our first degree burglary statute, RCW 9A.52.020, is satisfied where the accused receives an invitation to the premises which is not expressly qualified … We do conclude, however, that the arrangement between Schantek and his employer clearly rendered certain presence inappropriate and thus beyond the limits of the employer's consent and Schantek's *261 knowledge.

Myers v. Exchange National Bank

96 Wash. 244 · Washington Supreme Court · May 11, 1917

Both questions were resolved in favor of the immunity of the national bank. … It was held that the- national bank act, § 5228, supra, authorized national banks to deliver “special deposits,” implying clearly that a national bank, as a part of its legitimate business, may receive such “special deposits

In Re the Sterilization of Hendrickson

12 Wash. 2d 600 · Washington Supreme Court · Mar 5, 1942

Clearly, such a provision does not meet the requirements of due process. … The persons affected by the remainder are permitted to question the constitutionality of the invalid part even though it does not apply to them, since that is an essential element in establishing that the remainder is legally

Scott v. Amazon.com, Inc.

Washington Supreme Court · Feb 19, 2026

As a preliminary matter, the rule immunizes tortfeasors from liability where the decedent died by suicide. … The rule is also harmful in many ways, such as by immunizing tortfeasors and perpetuating dangerous misconceptions about mental health.

Guarino v. Guarino

29 Wash. 2d 314 · Washington Supreme Court · Dec 1, 1947

(It may here be parenthetically noted that the testimony of a qualified real-estate appraiser that the home property could be sold for seven thousand five hundred dollars was not disputed by any other qualified witness. … Subsequently, he qualified this by saying: “Quite a number of times she been sleeping on the davenport and never come to sleep with me.”

State v. Thomas

208 P.3d 1107 · Washington Supreme Court · Jun 11, 2009

Acknowledging errors in the instructions, we applied the test established in Neder v. … noted that "`a consistent pattern of official racial discrimination' is not `a necessary predicate to a violation of the Equal Protection Clause,'" and that "`[a] single invidiously discriminatory governmental act' is not `immunized

Hawkins v. Rhay

78 Wash. 2d 389 · Washington Supreme Court · Sep 17, 1970

Jones: No, if they’ve indicated this is a matter which for any reason they are opposed to as a matter of their policy — it is the law of this State, and of course if they could not follow the law then they would not qualify … If, then, prospective jurors are to be challenged and excused for cause because of their views concerning capital punishment, it is essential that the basis of their disqualification be clearly established upon the voir dire

State Ex Rel. Livingston v. Ayer

23 Wash. 2d 578 · Washington Supreme Court · Aug 24, 1945

Ayer is the duly elected, qualified, and acting auditor of Thurston county. Paragraph 3. … In preparation for post war rehabilitation and reconversion, there is established in each county a County Statistics Commission. “Sec. 3.

In Re the Estate of Knight

31 Wash. 2d 813 · Washington Supreme Court · Nov 8, 1948

The will was duly admitted to probate, and, upon the confirmation of his appointment, the executor duly qualified as such. Thereafter, the executor proceeded to administer upon the estate of his deceased wife. … The term “cash surrender value” means the cash value, ascertainable by established rules, of a contract of *817 insurance which has been abandoned and given up for cancellation .to the insurer by the person having contract