Case law

Laucks v. Princehouse

13 Wash. 2d 140 · Washington Supreme Court · Apr 3, 1942

Shorts, after qualifying as such guardian, filed an answer on behalf of the minors. … It was the intent of the testatrix, as expressed in the will, that the above funds could be used to assist in the education of her grandchildren, or to assist them in sickness, or to establish them in business when they had

Matter of Disciplinary Proceeding Against Schafer

66 P.3d 1036 · Washington Supreme Court · Apr 17, 2003

We conclude that Hamilton's statements to Schafer qualify as a "confidence" or "secret" under RPC 1.6. … This double standard allows lawyers to gamble on a positive outcome to justify what otherwise would be clearly unacceptable conduct.

Backlund v. Board of Commissioners

106 Wash. 2d 632 · Washington Supreme Court · Sep 11, 1986

The trial court concluded that the Board's decision was clearly erroneous and Dr. Backlund's privileges at Evergreen should be reinstated. The Board requested direct review by this court. … Backlund's beliefs and conduct are protected by the free exercise of religion clause of the first amendment to the United States Constitution. 3 To qualify for First Amendment protection individuals must prove only that their

In re Recall of Riddle

Washington Supreme Court · Oct 26, 2017

The factual allegations in this case clearly allege much more than a simple mistake. … In such cases, a showing of unlawful purpose is necessary to establish an unlawful act constituting malfeasance. This case is different.

Western Plaza, LLC v. Tison

184 Wash. 2d 702 · Washington Supreme Court · Nov 25, 2015

But the fact that RCW 59.20.060(1) creates a minimum of formality for even the shortest MHLTA leases does not establish an irreconcilable conflict with RCW 59.04.010⅛ one-year limit on enforcing the provisions of written, … The MHLTA thus contemplates a presumptive lease term of one year (which is clearly enforceable under RCW 59.04.010) and adds a qualified statutory (not absolute contractual) right to renewal.

Nw. Wholesale, Inc. v. Pac Organic Fruit, LLC

Washington Supreme Court · Sep 10, 2015

Ed. 2d 146 (2014), for the proposition that§ 541(a)(1)'s establishment of a bankruptcy estate sweeps broadly to include every conceivable interest of the debtor "future, nonpossessory, contingent, speculative, and derivative … The WALLCA clearly protects the voluntary association rights ofnondebtor LLC members.

Seven Hills, LLC v. Chelan County

Washington Supreme Court · Sep 23, 2021

“This immunity from regulations adopted subsequent to the time of vesting pertains only to the right to establish the development.” Rhod-A- Zalea & 35th, Inc. v. … Seven Hills’s cannabis production business was clearly neither lawfully established nor in actual physical operation prior to September 29, 2015.

Adkins v. ALUMINUM COMPANY OF AM.

110 Wash. 2d 128 · Washington Supreme Court · Jun 9, 1988

Ultimately, this court held that the bailiff's conduct was protected by judicial *132 immunity, and affirmed the trial court's dismissal of that action on summary judgment. 3 Upon retrial of the present action, Adkins' theories … Adkins further contends in this connection that the trial court erred by failing to instruct the jury that ALCOA's invitation included the vent unless it clearly limited the area within the scope of its invitation.

Gray v. Stern

85 Wash. 645 · Washington Supreme Court · May 29, 1915

The plaintiff is the duly appointed and qualified administratrix of the estate of John G. Gray, who died intestate on May 31, 1908. On August 25, 1905, the plaintiff’s intestate, John G. … This is especially true since the dissolution contract clearly covers business of both kinds, that is, mere collections and contested litigation, and the words “commissions on collections,” reasonably though loosely applicable

State v. Talley

949 P.2d 358 · Washington Supreme Court · Jan 8, 1998

[D.T.] clearly expressed her lack of consent to the defendant, including telling him that she was a virgin. 7. … In response to the judge's inquiry, the deputy prosecutor stated, "Number one, your honor, it was not decided that an exceptional sentence could be qualified.

Dillon v. Whatcom County

12 Wash. 391 · Washington Supreme Court · Jul 25, 1895

It will be hard to find a case that is more clearly in point than this particular one. … This distinction has been observed and maintained by the courts ever since the establishment of the judiciary, and was clearly and distinctly stated by Lord Ellenborough in King v. Justices of Kent, 14 East, 395.

State v. Furman

122 Wash. 2d 440 · Washington Supreme Court · Sep 30, 1993

prosecutorial misconduct prejudiced appellant's right to a fair trial, and appellant's challenge to the prosecutor's penalty phase conduct is mooted by our vacation of the death sentence. *455 Appellant bears the burden of establishing … Ct. 1758 (1986) (process of death qualifying jury does not result in conviction-prone panel); State v. Irizarry, 111 Wn.2d 591, 596 , 763 P.2d 432 (1988) (same). Fare v. Michael C., 442 U.S. 707, 712-13 , 61 L.

In re Recall of Riddle

Washington Supreme Court · Oct 26, 2017

The factual allegations in this case clearly allege much more than a simple mistake. … In such cases, a showing of unlawful purpose is necessary to establish an unlawful act constituting malfeasance. This case is different.

Allen v. City of Bellingham

95 Wash. 12 · Washington Supreme Court · Feb 17, 1917

But clearly this does not affect the constitutionality or validity of the ordinance. … Clearly these are within the powers of the city and tend to beneficial ends.

Leonard v. City of Seattle

81 Wash. 2d 479 · Washington Supreme Court · Nov 15, 1972

That the statute requiring service can be waived by the Attorney General so as to continue the court’s jurisdiction is clearly implicit in our comment on the subject that “lack of jurisdiction to enter the declaratory judgment … When the appeal was called for hearing before this court, the Attorney General, through his duly qualified and acting assistant, Mr.

Maryland Casualty Co. v. City of Seattle

9 Wash. 2d 666 · Washington Supreme Court · Aug 6, 1941

The court held that the contractor was justified in acting upon the government’s representations, even though they were expressed as a belief and were qualified as stated. … In its oral memorandum opinion, the trial court had this to say regarding the controversy over the meaning of the specifications: “I am further of the opinion that it is clearly established by the great weight of the evidence

State v. Jones

159 Wash. 2d 231 · Washington Supreme Court · Dec 28, 2006

U.S.C. § 924 (e), a later court could look to police reports or complaint applications in determining whether a guilty plea in an earlier criminal proceeding formed the basis for a conviction of “generic” burglary, thereby qualifying … It did say that police reports and complaint applications run afoul of Apprendi because disputed facts in those types of reports are “too much like the findings subject to .. .Apprendi, to say that Almendarez-Torres clearly

Washington State Highway Commission v. Pacific Northwest Bell Telephone Co.

59 Wash. 2d 216 · Washington Supreme Court · Dec 21, 1961

Clearly, the payment of a tort judgment does not fall within this category. … It appears clear that the establishment of some parity between benefits and burdens in relation to a public endeavor such as highway construction is in the public interest.

Richardson & Holland, Inc. v. Owen

148 Wash. 583 · Washington Supreme Court · Aug 21, 1928

But we think the Woolworth Co. case is clearly distinguishable from this. … After the objection made by appellants was sustained, respondents then caused the physician who attended the private respondent to qualify and testify as to the reasonable value of his services in the sum of $116.

Bowers v. Transamerica Title Insurance

100 Wash. 2d 581 · Washington Supreme Court · Dec 15, 1983

Finally, the three criteria for establishing the third requirement, impact upon the public interest, are satisfied in this case. … Where the attorneys in question have an established rate for billing clients, that rate will likely be a reasonable rate.