Case law

Xieng v. Peoples National Bank

120 Wash. 2d 512 · Washington Supreme Court · Jan 21, 1993

Xieng was presently qualified for promotion. … Thus, the following are established facts: (1) that defendant's reason for not promoting plaintiff was because of his "foreign" accent, (2) that plaintiff's accent did not interfere materially with his job performance, and

Armantrout v. Carlson

214 P.3d 914 · Washington Supreme Court · Sep 10, 2009

ANALYSIS 18 RCW 4.20.020 establishes two tiers of beneficiaries in a wrongful death suit. … By excluding the everyday services a child would routinely provide, the trial court clearly established the boundaries within which the jury would be allowed to consider the Armantrouts' financial dependence on valuable services

Clawson v. Longview Publishing Co.

91 Wash. 2d 408 · Washington Supreme Court · Jan 5, 1979

He found what he concluded to be irregularities in the purchases of the county motor pool, irregularities which he concluded clearly demonstrated criminal conduct by respondent. … The New York Times rule clearly applies to appointed as well as elected officials. See Time, Inc. v. Pape, 401 U.S. 279, 290 , 28 L.Ed.2d 45 , 91 S.Ct. 633 (1971).

Great Northern Railway Co. v. State

147 Wash. 630 · Washington Supreme Court · May 8, 1928

Certain principles have been ineradicably established. The power of Congress over interstate commerce is absolute. Crutcher v. Kentucky, 141 U. S. 47 . … But the immunity of interstate commerce from state taxation is not confined to what is done by the carriers in such commerce.

Pierce v. Lake Stevens School District No. 4

84 Wash. 2d 772 · Washington Supreme Court · Dec 19, 1974

Such a notice would clearly be impractical and unnecessary. In Robel v. Highline Pub. … adopted a functional approach and indicated that the unsatisfactory character of Robel’s teaching had been communicated to her prior to receiving the *779 notice and noted that the issues in controversy were thus rather clearly

Ridpath v. Denee

85 Wash. 322 · Washington Supreme Court · Apr 29, 1915

There is clearly no conflict between the Federal and the state laws upon this question. … The appellant attempted to prove that the respondent was in possession of a large tract of unsurveyed government land unlawfully, and that he was not a qualified homesteader.

O'DONOGHUE v. State

66 Wash. 2d 787 · Washington Supreme Court · Sep 2, 1965

January 21, 1964 — Appellants transmitted a claim to the Washington State Auditor, who rejected the claim on the same date on the basis that liability had not been established. … The 1961 session of the legislature adopted chapter 136 whereby the State of Washington waived its sovereign immunity and consented to action against it for damages arising out of its tortious conduct.

Rickey v. Williams

8 Wash. 479 · Washington Supreme Court · Mar 27, 1894

Appellants dispute this, but first contend that the lower court had no jurisdiction over the subject matter of the action; that the matter of establishing and removing county seats is not a judicial function, but is purely … Notice of such election, clearly stating the object, shall be given, and the election must be held and conducted, and the returns made, in all respects, in the manner prescribed by law in regard to elections for county officers

In re the Personal Restraint of Dyer

143 Wash. 2d 384 · Washington Supreme Court · Mar 29, 2001

In conclusion, the Deputy Director found that Dyer “clearly does not qualify for participation in the extended family visits program based on existing standards.” 8 In March 1995, the Indeterminate Sentence Review Board ( … It is a privilege granted only to a few qualified inmates.

State v. Thompson

151 Wash. 2d 793 · Washington Supreme Court · Jun 24, 2004

Thompson’s use of the boathouse was clearly dependent upon the permission of the owners, i.e., his parents. … The items discovered in the boathouse following a lawful consent to search by Thompson’s father together with the items found in open view on the property clearly established probable cause for the search warrant independent

Seattle School District No. 1 v. Department of Labor & Industries

116 Wash. 2d 352 · Washington Supreme Court · Feb 7, 1991

In 1971, RCW 51.14 was enacted to allow qualified employers to elect to become self-insurers. Laws of 1971, 1st Ex. Sess., ch. 289, § 27, p. 1562. The District elected to become such a self-insured employer. … The equal protection clause of the Fourteenth Amendment and the privileges and immunities clause of Const. art. 1, § 12 are substantially identical and have been so regarded by this court. American Network, Inc. v.

Sofie v. Fibreboard Corp.

112 Wash. 2d 636 · Washington Supreme Court · Sep 27, 1989

Before a statute may be stricken down, it must clearly appear the statute violates the Constitution. … State, 197 Wash. 79, 83 , 84 P.2d 372 (1938) ("Every reasonable presumption must be indulged in favor of the constitutionality of this statute, and the burden rests upon appellant to establish clearly its invalidity"); Spokane

Rickert v. State, Public Disclosure Com'n

168 P.3d 826 · Washington Supreme Court · Oct 4, 2007

But in addition, where these attacks are allowed, this type of harm can also deter qualified persons from seeking political office, resulting in harm to the democratic community. … First, it is the standard established by the Court to satisfy competing constitutional concerns.

Beggs v. STATE, DEPT. OF SOCIAL & HEALTH

247 P.3d 421 · Washington Supreme Court · Feb 17, 2011

"A grant of immunity from liability clearly implies that civil liability can exist in the first place." Doe, 141 Wash.App. at 422-23 , 167 P.3d 1193 . … RCW 4.20.020 establishes two classes of beneficiaries. First tier beneficiaries do not need to demonstrate dependency to recover.

Arnett v. Seattle General Hospital

65 Wash. 2d 22 · Washington Supreme Court · Oct 1, 1964

The purpose of the law against discrimination is to eliminate racial prejudice and establish equality among all persons seeking the same employment, to the end that the most qualified person will be employed, whether Caucasian … It is elementary that one who asserts dishonesty has the burden of establishing it by a fair preponderance of the evidence. The facts established that the hospital attendant who answered the telephone advised Mrs.

Short v. Demopolis

103 Wash. 2d 52 · Washington Supreme Court · Nov 6, 1984

Federal courts generally have refused to adopt a blanket immunity for the "learned professions". … App. 1979) (advertising of legal services is clearly a "trade" or "commerce" under unfair trade practices and consumer protection law); Matthews v.

Agency Budget Corp. v. Washington Insurance Guaranty Ass'n

93 Wash. 2d 416 · Washington Supreme Court · May 1, 1980

We recognize that there is an established exception to the presumption of prospective intent. … Plaintiff was injured when the immunity was in effect.

Cowles Publishing Co. v. Spokane Police Department

139 Wash. 2d 472 · Washington Supreme Court · Oct 21, 1999

If the prosecuting authority determines there is an insufficient factual or legal basis to file charges, the case is clearly neither solved nor closed. … Steele, 39 Wn.2d 473 , 236 P.2d 349 (1951) (immunity extends to official acts committed with malice and without probable cause).

In Re Smith

986 P.2d 131 · Washington Supreme Court · Oct 14, 1999

Nov. 11, 1997), I would hold former RCW 9.94A.150(1) (1996) ambiguous, and I would then apply established principles of statutory construction to determine the meaning of the statute. … Moreover, applying basic rules of law, the holding in Mahrle was clearly applicable to all persons similarly situated (particularly in regards to petitioner Smith, who was located within the jurisdiction of the Court of Appeals

Swinomish Indian v. Western Washington

166 P.3d 1198 · Washington Supreme Court · Sep 13, 2007

As a procedural matter, the County's determination in this matter clearly satisfied the BAS requirement. … The Board is clearly trying to bootstrap the "sound science" used by Dr.