Case law

Chi. Title Ins. Co. v. Office of Ins. Comm'r

Washington Supreme Court · Aug 1, 2013

As we have explained above, there is clearly such a nexus between soliciting applications for insurance and inducing middlemen to direct end-consumers to an insurer. … It places the relatively small msurance component with an insurer qualified, by reason of compliance with financial requirements, to underwrite the slight risk that [the UTC] has not properly done its work."' I d.

Brown v. Dep't of Commerce

Washington Supreme Court · Oct 22, 2015

("The mere possession of bearer paper qualifies the possessor as a holder and establishes that person's right to sue .... … While article 3 of the UCC establishes the PETE's rights, article 9 of the UCC establishes the owner's rights after the note has been sold. I d.

Skagit County Pub. Hosp. Dist. No. 304 v. Skagit County Pub. Hosp. Dist. No. 1

Washington Supreme Court · Jul 11, 2013

health care services for compensation is a proprietary act, noting that the Court of Appeals recently held in an unrelated case that Skagit Valley acted in its proprietary capacity-and thus was not shielded by sovereign immunity-when … Furthermore, the legislature's intent to "foster development of cooperative and collaborative arrangements among rural hospital districts" clearly contemplates that rural PHDs will operate within the boundaries of other

Roehl v. Public Utility District No. 1

43 Wash. 2d 214 · Washington Supreme Court · Sep 10, 1953

It is, therefore, an arrangement clearly within the contemplation of the enabling legislation — chapter 227, Laws of 1949. … Under article 20(b), the five districts, respectively, agree to become qualified as employers under the state employees’ retirement system.

Crystal Ridge Homeowners Ass'n v. City of Bothell

Washington Supreme Court · Feb 12, 2015

Although no pipes appear on the face of the plat, the record establishes that the drainage easement contains only two 5See also 25 AM. … And none of the evidence presented clearly leads us to interpret the plat to impose a duty on the City to maintain the interceptor pipe.

Atkins v. Churchill

30 Wash. 2d 859 · Washington Supreme Court · Jun 1, 1948

None of these six persons was more than fifteen years of age, and none had an automobile operator’s license or was qualified, under the statute, which provides that a vehicle operator’s license shall not issue to any person … The burden of proving contributory negligence is upon the defendant, and the defense of contributory negligence in the violation of a statute is not established, unless such violation proximately contributed to the injury

State Ex Rel. Hamblen v. Yelle

29 Wash. 2d 68 · Washington Supreme Court · Oct 15, 1947

The precise issue in that case was the power of one House to act subsequent to the adjournment of the assembly, but *84 the principle that the legislature had no power to function after the adjournment was clearly stated. … But, just the minute those individuals qualify, they do not serve as legislators; they serve as commissioners.

Htk Management v. Seattle Monorail Auth.

121 P.3d 1166 · Washington Supreme Court · Oct 20, 2005

Here, construction use is clearly, and admittedly, temporary. ¶ 98 Finally, the majority also reasons that Monorail was entitled to take a fee in the remainder property because it determined that it would be less expensive … Moreover, no actual cost figures were given, and this opinion was *1189 lay testimony — neither qualified nor admitted as expert opinion. ¶ 99 Our "universal rule" states that when a government agency seeks to condemn more

Skagit Surveyors & Engineers, LLC v. Friends of Skagit County

135 Wash. 2d 542 · Washington Supreme Court · Jun 25, 1998

The County also adopted statutorily required ordinances establishing interim urban growth areas. … Each growth management hearings board consists of three members, each of whom must be qualified by experience or training in matters pertaining to land use planning.

State v. Cates

Washington Supreme Court · Jul 2, 2015

The court's comments clearly indicate that it intended the computer inspection component to permit Cates' CCO to search Cates' computer. … While the computer community custody condition purports to provide Cates' consent, this language does not establish consent in a constitutional sense. State v.

State Ex Rel. O'Connell v. Dubuque

68 Wash. 2d 553 · Washington Supreme Court · May 5, 1966

And, finally, if it be established that the courts do have jurisdiction of the cause and parties, appellants advocate, as a bar to the re-election of members of the 39th Legislature, art. 2, § 13, of the state constitution … The provision has other purposes too, as is so clearly expressed by Mr. Justice Story, Story on the Constitution § 867 (1891), and referred to in the dissenting opinion of Connelly, J., in State ex rel. Pennick v.

State v. Kelly

4 Wash. 3d 170 · Washington Supreme Court · Dec 19, 2024

“[T]his court will reject its prior holdings only upon ‘a clear showing that an established rule is incorrect and harmful.’” State v. … Stare decisis is meant to establish the requisite element of stability in court-made law. Stranger Creek, 77 Wn.2d at 653.

State v. Surge

156 P.3d 208 · Washington Supreme Court · Apr 19, 2007

Thus, while article I, section 7 does not expressly limit the right to privacy, not every asserted right qualifies as a "private affair." … the government, and others with access to government information, will be unable to resist the temptation to use the DNA gathered today under this statute for purposes other than identification. ¶ 32 However, the statute clearly

State v. Trey M.

Washington Supreme Court · Oct 27, 2016

I also conclude that JM. and Kilburn are clearly harmful for two reasons. First, J.M. and Kilburn infringe a constitutional protection. … Second, we have found precedent clearly harmful where it creates significant policy problems. Barber, 170 Wn.2d at 871 (collecting cases).

Broom v. Morgan Stanley DW Inc.

236 P.3d 182 · Washington Supreme Court · Jul 22, 2010

We have held that "`[t]he doctrine of stare decisis "requires a clear showing that an established rule is incorrect and harmful before it is abandoned."'" State v. … The Brooms argue, and the Court of Appeals agreed, that our prior cases preclude arbitration proceedings from qualifying as "actions" for the purpose of applying state statutes of limitations.

Scott v. Cingular Wireless

160 Wash. 2d 843 · Washington Supreme Court · Jul 12, 2007

Absent any such statement of policy by our state legislature, which is, after all, the branch of government establishing the public policy embodied in the CPA, I cannot agree to the majority’s sweeping statement of its own … The court’s subsequent discussion of whether the arbitration agreement was unconscionable is therefore clearly dicta.

State v. Schaaf

109 Wash. 2d 1 · Washington Supreme Court · Sep 24, 1987

serious *12 crimes are from 16 to 23 years of age. 38 It cannot be denied, however, that use of juvenile offenses for sentencing purposes is more limited under the SRA than before the act was passed. 39 This court did not qualify … "The new legislation clearly does not set up a rigidly punitive system which mirrors in every respect the adult criminal justice system." 57 To interpret section 21 as defendants wish would mean overlooking these statements

State v. Buckman

Washington Supreme Court · Feb 1, 2018

Under a SSOSA, the court sentences a qualifying defendant to a term of confinement up to 12 months followed by a term of community custody, and imposes appropriate conditions such as undergoing appropriate … In sum, we have clearly and repeatedly established that the petitioner must show not only error, but also actual and substantial prejudice.

Stanton v. Bayliner Marine Corp.

123 Wash. 2d 64 · Washington Supreme Court · Dec 30, 1993

Federal Preemption, Graybar, and the Economic Loss Rule It is undisputed that the design or manufacture of a defective product may qualify as a maritime tort. … In this case, application of East River’s maritime economic loss rule to consumer, recreational boats is well established.

State v. Westwood

534 P.3d 1162 · Washington Supreme Court · Sep 7, 2023

In this case, the second and third elements of same criminal conduct are clearly satisfied. Only the first element, same criminal intent, is disputed. … Clearly, the kidnapping was a part of the objective intent to rob the victim and to further the robbery. See generally id. at 211-12, 217.