Case law

In Re Recall of Telford

206 P.3d 1248 · Washington Supreme Court · May 7, 2009

In re Recall of Wade, 115 Wash.2d 544, 549 , 799 P.2d 1179 (1990). ¶ 11 A charge is legally sufficient if the charge defines "substantial conduct clearly amounting to misfeasance, malfeasance or a violation of the oath of … or approved, as aforesaid, every improvement to be made by said port commission shall be made substantially in accordance therewith, unless and until such general plans shall have been changed by a majority vote of the qualified

In re the Recall of Telford

166 Wash. 2d 148 · Washington Supreme Court · May 7, 2009

In re Recall of Wade, 115 Wn.2d 544, 549 , 799 P.2d 1179 (1990). ¶11 A charge is legally sufficient if the charge defines “substantial conduct clearly amounting to misfeasance, malfeasance or a violation of the oath of office … or approved, as aforesaid, every improvement to be made by said port commission shall be made substantially in accordance therewith, unless and until such general plans shall have been changed by a majority vote of the qualified

Human Rights Commission v. Cheney School District No. 30

97 Wash. 2d 118 · Washington Supreme Court · Feb 25, 1982

Although she was found qualified, she was not hired. One of the reasons for refusing her employment was that the District wanted a younger person for the position. … The Commission was established by the Legislature as a "fire department" designated to take immediate action in the event of an emergency in the violation of civil rights, without fear of waiver of other civil or criminal

Hagen v. Mills

74 Wash. 462 · Washington Supreme Court · Jul 26, 1913

It is this deed which, in our judgment, clearly shows the intention of the parties to restrict block 12 to the southeasterly side of Depot street. . . . … W. 687 , the court said: “The doctrine is well established that the grantee of a lot bounded upon a street or other highway takes to the center of such street, subject only to the public easement, unless some *473 thing appears

Gray v. Suttell & Assocs.

Washington Supreme Court · Aug 28, 2014

Ch. 19.16 RCW. 7 "Solicit" clearly requires some affirmative conduct, but the statute's ambiguity arises because parties disputed whether the statute applied to debt buyers who were soliciting/collecting claims … Bunker, 169 Wn.2d at 578 (under the last antecedent rule, a qualifying phrase refers to the last antecedent, but a comma before the qualifying phrase indicates that the phrase applies to all antecedents).

Ball-Foster Glass Container Co. v. Giovanelli

163 Wash. 2d 133 · Washington Supreme Court · Feb 21, 2008

Supporting this conclusion is another problem: Giovanelli does not qualify as an employee in travel status. … Clearly, context matters when determining whether an errand was personal or in furtherance of the employer’s interest.

State v. Ramirez

191 Wash. 2d 732 · Washington Supreme Court · Sep 20, 2018

^ Ramirez criticizes Chief Judge Bjorgen for embracing a "clearly erroneous" standard of review for factual determdnations, based on prior appellate decisions. See Suppl. Br. of Pet'r at 17 & n.6. … Ramirez argues that House Bill 1783's amendments apply to his case on appeal because he qualified as indigent at the time of sentencing and his case was not yet final when House Bill 1783 was enacted. Suppl.

In Re Estate of Wren

163 Wash. 65 · Washington Supreme Court · Jun 4, 1931

Lodge was duly *67 appointed by the superior court for Pierce county administrator of her estate, since which time he has remained the duly qualified and acting administrator of the estate. … The proceeding was clearly of equitable cognizance, and hence a court and not a jury problem; this because Mr. Pratt sought the establishing of his lien claim against funds belonging to Mrs.

Ford v. Logan

79 Wash. 2d 147 · Washington Supreme Court · Apr 15, 1971

The subject matter there was clearly a legislative matter. In State ex rel. O'Connell v. … Conclusion No. 7 held that the proposed initiative measure ... is procedurally defective and clearly void.

Filo Foods, LLC v. City of SeaTac

Washington Supreme Court · Aug 20, 2015

Except as otherwise provided herein, the successor employer shall offer employment to all qualified retention employees. … But Filo Foods does not argue, much less demonstrate, that the undisputed facts establish as a matter of law that "'the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits

In re the Disciplinary Proceeding Against Burtch

162 Wash. 2d 873 · Washington Supreme Court · Jan 31, 2008

The party calling the expert must demonstrate that the witness qualifies as an expert based on “knowledge, skill, experience, training, or education.” ER 702. Mr. … The conclusions of law are clearly separated from factual findings. As stated above, findings of fact will be reviewed for substantial evidence. ¶40 Mr.

Municipal Court v. Beighle

96 Wash. 2d 753 · Washington Supreme Court · Jan 14, 1982

The authority to establish judicial power in inferior courts is given to the legislature by the state constitution. Const, art. 4, § 1. … Section 3's requirement of a showing of "misconduct or malfeasance . . . as . . . provided by law" clearly "impl[ies] ... a charge, a hearing, and a finding" when no legislative act otherwise provides for removal.

Reese v. Stroh

128 Wash. 2d 300 · Washington Supreme Court · Dec 14, 1995

Fallat is board qualified in internal and pulmonary medicine and has done research on AAT deficiency since 1966. … Because the Court of Appeals clearly sets forth standards for trial courts to determine the reliability of scientific evidence under ER 702, I would affirm its reasoning and analysis. SMITH, J., and UTTER, J.

Scott v. Trans-System, Inc.

148 Wash. 2d 701 · Washington Supreme Court · Feb 13, 2003

The primary reason for establishing Northwest was to provide TSI and its subsidiaries with a pool of trained drivers for use in their trucking businesses. … Dissolution should not be granted as a matter of right, since the provision allowing judicial dissolution is “ ‘clearly couched in language of permission.’ ” Id. at 951 (quoting Jackson v.

In Re Estate of Black

102 P.3d 796 · Washington Supreme Court · Dec 9, 2004

The litigation benefits the estate by *808 establishing the final wishes of Margaret and establishing which alleged beneficiaries have a right to Margaret's estate. … RCW 11.12.160(2); Estate of Chambers, 187 Wash. at 420, 60 P.2d 41 (holding beneficiaries under a will are qualified to testify to execution).

Publishers Building Co. v. Miller

25 Wash. 2d 927 · Washington Supreme Court · Sep 6, 1946

That issue was submitted to the jury, and its verdict established the fact, so far as this case is concerned, that the fireman was not negligent. … In the absence of any qualifying language, a general covenant of a tenant to repair obligates him to make all necessary repairs, even to the point of rebuilding in case the premises are destroyed.

James v. County of Kitsap

115 P.3d 286 · Washington Supreme Court · Jul 7, 2005

Therefore the three-year statute of limitations clearly applies to the nearly identical claim for a refund asserted in this action absent an intervening statute changing the rule. … When persons, governments, or other entities unlawfully obtain money from others, I see no reason why they should be able to immunize themselves from liability for their wrongful conduct. Return the money!

State v. Whitney

66 Wash. 473 · Washington Supreme Court · Jan 4, 1912

The terms of present grant are in some cases qualified by other portions of the granting act, as in the case of Rice v. … It has uniformly been held that a general act will not repeal a prior special act unless the intent to so repeal is clearly manifest.

State v. Ellis

136 Wash. 2d 498 · Washington Supreme Court · Oct 1, 1998

Two police officers who interviewed the defendant four hours after the assaults testified he did not appear intoxicated and spoke clearly and coherently. … The defense expert witnesses—all qualified to give opinions—will testify that Petitioner Ellis experienced diminished capacity at the time he committed the offenses *523 charged.

Freedom Found. v. Teamsters Local 117 Segregated Fund

197 Wash. 2d 116 · Washington Supreme Court · Feb 18, 2021

The union established a separate segregated fund to make political contributions in 2011. … Our cases clearly distinguish the two.