Case law

Hsieh v. Civil Service Commission of Seattle

79 Wash. 2d 529 · Washington Supreme Court · Aug 26, 1971

Clearly, the federal scheme for immigration is intended to and does regulate alien employment to some extent. … But with respect to other rights, privileges, immunities and duties, the legislative power may recognize distinctions between alien and citizen.

Frausto v. Yakima HMA, LLC

Washington Supreme Court · Apr 27, 2017

To establish causation, the plaintiff must show that the alleged breach of the standard of care "was a proximate cause of the injury complained of." RCW 7.70.040(2). … By preserving the court's gatekeeping function, expert testimony may be excluded when it clearly cannot help the trier of fact determine if the defendant's "failure was a proximate cause of the injury complained of."

W.R. Grace & Co. v. Department of Revenue

137 Wash. 2d 580 · Washington Supreme Court · Apr 1, 1999

established preexisting state remedy. … Section 3’s limitation of remedy is after the fact; it overlays these preexisting remedial statutes and clearly offends the “bait and switch” doctrine set forth in Reich and its progeny.

Aberdeen Savings & Loan Ass'n v. Chase

157 Wash. 351 · Washington Supreme Court · Jun 12, 1930

Its language is prohibitory; but every prohibition implies the existence of rights and immunities, prominent among which is an immunity from inequality of legal protection, either for life, liberty, or property. ’ ’ In the … Assuming, without deciding, that the result of a decision that the section providing for the levy of a tax against the net income of national banking associations was void would simply be the deletion of the section of the act establishing

Tesoro Refining & Marketing Co. v. Department of Revenue

164 Wash. 2d 310 · Washington Supreme Court · Aug 14, 2008

Tesoro argued it qualified for a tax exemption under WAC 458-20--252(7)(b) (Rule 252(7)(b)). … The word “or” in the definition of “ ‘[c]ontroF ” is not susceptible to multiple reasonable interpretations — it is clearly disjunctive.

State v. Bonds

98 Wash. 2d 1 · Washington Supreme Court · Nov 10, 1982

The Legislature has clearly spoken on the issue and therefore burglary does not merge with first degree *16 rape. … However, in the instant case, there is no way to *18 establish which crimes the jury relied on, much less determine that there is substantial evidence to support them.

State v. Kelly

102 Wash. 2d 188 · Washington Supreme Court · Jun 28, 1984

Where the psychologist is qualified to testify about the battered woman syndrome, and the defendant establishes her identity as a battered woman, expert testimony on the battered woman syndrome is admissible. … Any circumstance is relevant which reasonably tends to establish the theory of a party or to qualify or disprove the testimony of his adversary. State v. Demos, 94 Wn.2d 733, 736 , 619 P.2d 968 (1980).

City of Tacoma v. William Rogers Co.

148 Wash. 2d 169 · Washington Supreme Court · Dec 19, 2002

In these cases, the taxpayer clearly had no liability for the payments. Evergreen relies very heavily upon a third case decided by this court interpreting Rule 111, Rho Co. v. … We conclude that Evergreen has failed to establish that it paid its temporary workers pursuant to an agency relationship.

Filo Foods, LLC v. City of SeaTac

183 Wash. 2d 770 · Washington Supreme Court · Aug 20, 2015

SeaTac must establish auditing procedures to monitor and ensure compliance. Other labor standards are established. Should this Ordinance be enacted into law? … But Filo Foods does not argue, much less demonstrate, that the undisputed facts establish as a matter of law that “ ‘the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits

Cockle v. Department of Labor & Industries

142 Wash. 2d 801 · Washington Supreme Court · Jan 18, 2001

Such an argument would be persuasive had the Legislature enumerated all qualifying benefits, but it did not. … Cockle argues that, even under Larson’s analytical criteria, her health care coverage should be included in “wages,” since it provided valuable present peace of mind and clearly qualified as “real economic gain.”

In re the Detention of Hawkins

169 Wash. 2d 796 · Washington Supreme Court · Sep 9, 2010

RCW 71.09.040(l)-(3) provide for a hearing to establish that there is probable cause to believe that a person is an SVP. … But in RCW 71.09.040(4), the description of the examiner, “by a person deemed to be professionally qualified to conduct such an examination,” can be modified by the “pursuant” clause because one can deem someone qualified

Hoexter v. Judson

21 Wash. 646 · Washington Supreme Court · Dec 14, 1899

A county is thus merely a part of the state government, and, being so, it partakes of the state’s immunity from liability, and is not liable at common law for the tortious acts of its officers or agents, whether committed … On the contrary, the right to sue a county is a privilege granted by statute, which must he accepted with the conditions imposed on its exercise, and, unless the statute itself clearly points out exceptions to the prescribed

McCurry v. Chevy Chase Bank, FSB

169 Wash. 2d 96 · Washington Supreme Court · Jun 24, 2010

Under CR 12(b)(6) a plaintiff states a claim upon which relief can be granted if it is possible that facts could be established to support the allegations in the complaint. See Halvorson v. … The dissent makes broader lending operations relevant here by overextending what qualifies as only an incidental effect.

In Re Gulstine's Estate

154 Wash. 675 · Washington Supreme Court · Dec 17, 1929

Gulstine, his daughter, and Morris Vernon Gulstine, a son, qualified as executors under the last will of the deceased. … There, all the circumstances and documents “clearly and definitely established” the mutuality of the wills.

Sheikh v. Choe

128 P.3d 574 · Washington Supreme Court · Feb 16, 2006

Because Daniels was a foster parent, Aba Sheikh reasons, she established an agency relationship with DSHS and thereby established the availability of a vicarious liability claim. … First, these administrative rules are clearly intended to benefit the recipients of the listed services.

Vellias v. Fifth-Pike Corporation

172 Wash. 319 · Washington Supreme Court · Mar 21, 1933

The assignee, without qualifying, took temporary charge of the property to ascertain the situation, and, upon decid *321 ing that the restaurant business and property were not worth as much as the amount of the preferred … That it has failed to meet them in all respects, has been established by a clear preponderance of the evidence. Affirmed. Beals, C. J., Holcomb, Parker, and Millard, JJ., concur.

American Fruit Growers, Inc. v. Calvert

186 Wash. 29 · Washington Supreme Court · Apr 20, 1936

It would, however, be palpably unjust to permit *36 the representative of a deceased person to nse the adverse party to the extent that it might aid Mm in defeating a claim or in establishing an independent claim in favor … of the estate, and then claim the benefit of the statute when the adverse party sought to qualify or explain his testimony.

State v. Leroy

61 Wash. 405 · Washington Supreme Court · Jan 3, 1911

The statement about the shoes clearly refers to the unknown person who had eaten the fruit at the spring. … The testimony of the sheriff, showing the escape and re *414 capture of the appellant, was admissible as a circumstance tending to establish his guilt, and the error assigned to its admission is not meritorious.

Dahlman v. Thomas

88 Wash. 653 · Washington Supreme Court · Dec 18, 1915

We are accordingly concerned now with the cross-appellants, who, admitting that the owner in fee is ordinarily immune from Kens through a lessee or vendee in possession, contend for an exception here because of the contract … that opinion we adhered in the same case later ( 16 Wash. 139 , 47 Pac. 238 ), where we said: *656 “That a contract may be in effect a lease, and at the same time a building contract, as to mechanics and material men, is clearly

In Re Chi-Dooh Li

79 Wash. 2d 561 · Washington Supreme Court · Aug 26, 1971

Since the commencement of these proceedings, Admission to Practice Rules have been amended. 78 Wn.2d xxiii , xxiv (1971). 1 These amendments open bar membership to otherwise qualified resident aliens who have declared their … The elements of condition (1) are clearly evident in this case.