Case law

Black Ball Freight Service v. Washington Utilities & Transportation Commission

77 Wash. 2d 479 · Washington Supreme Court · Dec 31, 1969

The fact of increased competition alone was no legal significance since appellants are not entitled to immunity from competition. See State ex rel. Adams Transport, Inc. v. Washington Pub. Serv. … This action was initiated before the amendment of RCW 34.04.130(6), which substituted the “clearly erroneous” test for the “material and substantial evidence” test.

Bohme v. Pemco Mutual Insurance

127 Wash. 2d 409 · Washington Supreme Court · Aug 10, 1995

The court thus established a two-part test for examining the validity of UIM exclusions: Does the proposed exclusion conflict with the express language of the UIM statute? … bare minimum of coverage necessary to qualify under various financial responsibility laws. 8C John A.

Gardner v. Loomis Armored, Inc.

128 Wash. 2d 931 · Washington Supreme Court · Apr 4, 1996

Determining what qualifies as a clear mandate of public policy is a question of law. Dicomes, 113 Wn.2d at 617 . … One statute gives citizens who aid police officers the same civil and criminal immunity as such officers. RCW 9.01.055.

McClung v. Pratt

44 Wash. 2d 779 · Washington Supreme Court · May 27, 1954

employers and workmen (other than railways and their workmen) engaged in intrastate and also in interstate or foreign commerce, for whom a rule of liability or method of compensation now exists under or may hereafter be established … , That as to workmen whose payroll is not so clearly separable and distinguishable, the employer shall in all cases be liable in damages for injuries to the same extent and under the same circumstances as is specified in

Seattle Police Officers' Guild v. City of Seattle

80 Wash. 2d 307 · Washington Supreme Court · Mar 2, 1972

In such a case, the employee's right to immunity as a result of his compelled testimony would not be at stake. … And even assuming that it can be shown that the operator is highly qualified, the objections to the use of the machine still outweigh the arguments in its favor.

Ventenbergs v. City of Seattle

178 P.3d 960 · Washington Supreme Court · Feb 21, 2008

Liebmann, 285 U.S. 262, 278 , 52 S.Ct. 371 , 76 L.Ed. 747 (1932) ("[N]othing is more clearly settled than that it is beyond the power of a state, `under the guise of protecting the public, arbitrarily [to] interfere with … Eastman, Re-evaluating the Privileges or Immunities Clause, 6 Chap.

Smelser v. Paul

Washington Supreme Court · Jul 6, 2017

While we call this "immunity," it is akin to discretionary governmental immunity,judicial and quasi-judicial immunity, and similar doctrines establishing that the conduct in question is simply not tortious. … The legislature has clearly determined that the plaintiff(in this case, the child) must bear the financial consequences where fault is apportioned to an immune entity pursuant to RCW 4.22.070.

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. … 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

Meaney v. Dodd

111 Wash. 2d 174 · Washington Supreme Court · Jul 15, 1988

Although the Legislature abolished sovereign immunity for municipal corporations in 1967, 2 it did not thereby create any new causes of action or liability. J & B Dev. Co. v. … No special relationship was established giving rise to an actionable duty. In light of our decision, we need not address the issues of immunity and exhaustion of remedies raised by the County.

State v. Kroll

87 Wash. 2d 829 · Washington Supreme Court · Dec 16, 1976

instruction placed an unconstitutional burden of proof on the defendant: “ ‘In all cases where the unlawful killing is proved beyond a reasonable doubt, and where there is nothing *840 in the circumstances of the case to explain, qualify … It is not necessary to establish intent by direct and positive evidence but intent may be established by inference and in the same way as any other fact by taking into consideration the acts of the parties and all the facts

Young v. Key Pharmaceuticals, Inc.

130 Wash. 2d 160 · Washington Supreme Court · Sep 12, 1996

I strongly disagree, however, with the majority’s conclusion that Rogers either establishes binding precedent or makes good sense. … PPG Industries, which established strict liability as the standard for failure to warn. In either case, Rogers went astray.

Cannabis Action Coalition v. City of Kent

183 Wash. 2d 219 · Washington Supreme Court · May 21, 2015

Under the bill, qualifying patients could establish collective gardens for the purpose of growing medical mari *224 juana for personal use. Id. § 403 (codified at RCW 69.51A-.085). … It warned that the legislature’s bill authorized conduct illegal under federal law, noted that Washington State employees who administered the registry would not be immune from federal prosecution, and threatened such prosecution

Corp. of Catholic Archbishop v. Johnston

89 Wash. 2d 505 · Washington Supreme Court · Jan 12, 1978

An examination of the relevant statutory language 2 clearly reveals the importance of both ownership and use in determining eligibility for exemption. … The property must be owned by a qualifying organization, arid it must be used for a qualifying purpose.

Hartley v. State

103 Wash. 2d 768 · Washington Supreme Court · Apr 11, 1985

(The State asserts general governmental immunity for high level discretionary acts. The County asserts prosecutorial immunity.) … Co., we found establishment of a "special relationship" focused a duty on the plaintiff. J & B Dev. Co., at 307.

Snedigar v. Hoddersen

114 Wash. 2d 153 · Washington Supreme Court · Feb 22, 1990

Clampitt concerned a party's attempt to defeat a reporter's qualified privilege. … If clearly necessary, the trial court may make this decision following an in camera inspection of the requested information.

Fine Arts Guild, Inc. v. City of Seattle

74 Wash. 2d 503 · Washington Supreme Court · Sep 26, 1968

It has been well observed that such [lewd and obscene] utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly … were not absolutely prohibited, particularly in the area of obscenity which, by its nature, forms no essential part of any exposition of ideas, and is of such insignificant social value that any benefit to be derived is clearly

Reyes v. Yakima Health Dist.

419 P.3d 819 · Washington Supreme Court · Jun 21, 2018

Keck for follow up care, the records establish that the surgeons were sending Ms. … The invocation of a legal privilege does not per se immunize one's conduct from a claim for intentional infliction of emotional distress.

Herron v. Tribune Publishing Co.

108 Wash. 2d 162 · Washington Supreme Court · May 7, 1987

The reason ... for granting absolute immunity is not free speech or public welfare alone. . . . … Regardless of the reasonableness of Herron's actions, the odd posture of the petition was clearly a matter of important public interest.

Getchell v. Auto Bar Systems Northwest, Inc.

73 Wash. 2d 831 · Washington Supreme Court · May 9, 1968

As a defense, defendants asserted truth and absolute or qualified privilege. … We find, upon reviewing the instructions given by the trial court, that the substance of these proffered instructions was amply and clearly covered in instructions dealing with the defenses of truth and qualified privilege

Northwestern National Insurance v. Fishback

130 Wash. 490 · Washington Supreme Court · Aug 7, 1924

without due process; and that the right to contract for one’s services in a lawful calling is a right guaranteed by the constitution; and that, under the constitution, every individual is entitled to all privileges and immunities … times receive fair and equitable treatment; it is merely an interference with what has always been one of the ordinary businesses engaged in by whoever saw fit to do so; it prescribes no mental or moral qualifications, establishes