Case law

Jenkins v. Department of Social & Health Services

160 Wash. 2d 287 · Washington Supreme Court · May 3, 2007

If the recipient lives with a caregiver, a second formula is applied to reduce the number of care hours for which the recipient qualifies. … We have held this statute does not apply to public agencies absent a clear waiver of sovereign immunity.

Atkerson v. Dep't of Child., Youth, & Fams.

Washington Supreme Court · Feb 6, 2025

But Desmet concerned the immunity embodied in RCW 4.24.595(2), which is built around witness immunity and the limited immunity given to those who implement court orders. 200 Wn.2d at 148. … Contrary to the majority’s reading, tying immunity to this specific point in the investigative process established a higher standard of liability only in those instances where swift action is necessary to protect a child

LaPlante v. State

85 Wash. 2d 154 · Washington Supreme Court · Jan 30, 1975

The trial court granted the motion, holding that the facts did not establish a duty owed to appellants by the State and holding further that the acts of the State’s employees *158 were discretionary, thereby immunizing the … It does not, in and of itself, establish a right to recover. The basic elements of an alleged tort must still be established before the State is deemed liable. See Evangelical United Brethren Church v.

Davis v. Brown

112 Wash. 121 · Washington Supreme Court · Aug 9, 1920

, or who, qualifying, shall thereafter resign or die. … In case any one or more of them shall not qualify, or, if after qualifying, shall die or resign, those qualifying or surviving, as the case may be, shall have all the powers which all of them would have had if all had qualified

Grant County Fire Protection District No. 5 v. City of Moses Lake

150 Wash. 2d 791 · Washington Supreme Court · Jan 29, 2004

This court has established a two-part test to determine standing under the UDJA. … The property owners have not established any right that constitutes a privilege within the meaning of the privileges and immunities clause.

Clarke v. Shoreline School District No. 412

106 Wash. 2d 102 · Washington Supreme Court · Jun 12, 1986

II On appeal to the Superior Court, the trial court entered a conclusion of law that the "clearly erroneous" standard of judicial review applied in determining whether the hearing officer's findings of fact established sufficient … Furthermore, Dean does not require the School District to create a position for Clarke for which he is not qualified, or to hire Clarke over a more qualified person.

State v. Kalakosky

121 Wash. 2d 525 · Washington Supreme Court · May 27, 1993

The first warrant clearly established probable cause to justify taking a blood sample from the defendant. … The statute clearly requires that the defendant make some statement showing need for the counseling notes before the victim's right to privacy is overcome.

Gossett v. Farmers Ins. Co. of Washington

948 P.2d 1264 · Washington Supreme Court · Dec 24, 1997

They clearly did not purchase the property. Instead, they assigned "all interest" in their purchase and sale agreement to Trusty Deed. CP at 86. … Corporations are clearly entitled to the same privileges and immunities as individual persons, but this does not explain why any enhanced protection should be considered under the state constitution.

Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington, Inc.

162 Wash. 2d 59 · Washington Supreme Court · Oct 18, 2007

as a PICC. ¶29 We conclude that because Integra is a CTC, and cannot claim immunity from CPA claims under RCW 19.86.170, and Indoor Billboard clearly alleged a valid claim under chapter 19.86 RCW, the trial court had subject … What is required to establish causation? ¶44 This court has yet to clearly define the proof required to establish causation in a CPA claim.

Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians

Washington Supreme Court · Oct 9, 2025

Congress has not clearly indicated its intent to abrogate tribal sovereign immunity here; therefore, we affirm the Court of Appeals. … CONCLUSION Federal common law has long established that tribes are immune from suit and may be sued only where a tribe waives its immunity or when Congress has unequivocally abrogated immunity.

Seeley v. State

132 Wash. 2d 776 · Washington Supreme Court · Jul 24, 1997

Seeley qualifies to participate in the research program. The hoard of pharmacy did not allow him to be a part of the program because at the time no funding existed. … Washington modeled its privileges and immunities clause after Oregon’s privileges and immunities clause, art.

Hall v. Walgreens Boots All., Inc.

Washington Supreme Court · Mar 20, 2025

As amended, the current exemptions highlight that broader immunity is granted to the more highly regulated industries, such as the federal power commission, and less immunity is granted to regulatory boards or officers … Thus, it qualified its previous use of the word “permitted” with the term “specifically” only as to entities established under Title 18 RCW. 4 This indicates an intent that businesses and professions regulated by Title

McQueen v. Kittitas County

115 Wash. 672 · Washington Supreme Court · May 23, 1921

“(c) Because it takes the property of one class of citizens without due process of law and grants immunities to one class of citizens and is unequal in its application on all classes of citizens, in contravention of Sec. … Such legislation is clearly within the police power of the state.

Schroeder v. Weighall

179 Wash. 2d 566 · Washington Supreme Court · Jan 16, 2014

While the statute clearly confers a benefit on one group of citizens, it also has the potential to burden a particularly vulnerable minority. … Those cases clearly establish that we apply intermediate scrutiny to laws that burden both “ ‘ “an important right and a semi-suspect class not accountable for its status.” ’ ” Id.

Standard Furniture Co. v. City of Seattle

57 Wash. 290 · Washington Supreme Court · Feb 5, 1910

Code, § 7768 et seq.), and will not be reviewed unless prejudice is clearly shown. … Jones: The court held he was qualified.

Brown v. MacPherson's, Inc.

85 Wash. 2d 17 · Washington Supreme Court · Jan 9, 1975

Many of the provisions of that act were clearly inspired by the tragedies which gave rise to these cases. … State, supra at 834), and the qualified constitutional privilege given comment on matters of public interest ( Rosenbloom v.

Hall v. Walgreens Boots All., Inc.

Washington Supreme Court · Mar 20, 2025

As amended, the current exemptions highlight that broader immunity is granted to the more highly regulated industries, such as the federal power commission, and less immunity is granted to regulatory boards or officers … Thus, it qualified its previous use of the word “permitted” with the term “specifically” only as to entities established under Title 18 RCW. 4 This indicates an intent that businesses and professions regulated by Title

Standing v. Department of Labor & Industries

92 Wash. 2d 463 · Washington Supreme Court · Aug 9, 1979

RCW 7.68.130 clearly satisfies the first requirement in that it reduces the benefits of all persons who receive funds from public or private insurance sources. Mrs. … Second, although the legislature intended to assist and compensate victims of crime, it clearly evidenced a desire to insure only a basic level of recompense.

J.S. v. Vill. Voice Media Holdings, LLC

Washington Supreme Court · Sep 3, 2015

The context of subsection 230(c)(1) also compels the conclusion that it does not establish an immunity. We must consider the context of the statute in discerning its meaning. Dep't of Ecology v. … Amazon. com, Inc., 456 F.3d 1316, 1321 (11th Cir. 2006) ("The majority of federal circuits have interpreted the CDA to establish broad 'federal immunity to any cause of action that would make service providers liable for

State Ex Rel. Wald v. Coley

20 Wash. 2d 416 · Washington Supreme Court · Apr 8, 1944

is duly appointed and qualified. … To do so would divest the statute of the precautions, clearly apparent from a reading of the statute, to remove the hospital system from politics.