Case law

Western Ports Transportation, Inc. v. Employment Security Department

110 Wash. App. 440 · Court of Appeals of Washington · Mar 4, 2002

Thus, when Congress has intended to prohibit state taxing authorities from “burdening” interstate commerce, it has done so expressly, clearly and understandably. … Marshall did qualify as an independent contractor under federal motor carrier regulations governing interstate commerce, and did qualify as an independent contractor under common law principles.

Bayley Construction v. Department Of Labor & Industries

Court of Appeals of Washington · Oct 21, 2019

Bayley alleged the Department could not establish a serious violation of WAC 296-155- 24615(3)(a)(ii). … Although it was not intended to be jumped on, it is clearly a possibility.'"

Hipple v. McFadden

161 Wash. App. 550 · Court of Appeals of Washington · Apr 28, 2011

The complaint alleges that in 2005, DAC determined that Hippie qualified for appointed counsel, supporting the inference that he was unable to pay the terms of the initial contempt order. … Under CR 12(b)(6), Elsey and McFadden had to prove beyond doubt that that Hippie could not prove any set of facts establishing causation. Burton, 153 Wn.2d at 422 .

State Of Washington v. James Applegate

Court of Appeals of Washington · Apr 26, 2016

Based on Debra’s actions throughout Officer Krebs’ contact with her, she was clearly under the stress of an exciting event that was not minimized by his questioning. … Moreover, under ER 703 and 705, expert opinions can be admitted without foundation other than “testimony establishing the expert’s qualifications.” Id.

State v. McKAGUE

246 P.3d 558 · Court of Appeals of Washington · Jan 19, 2011

established if a person acts intentionally or knowingly." … felony with a possible life sentence under RCW 9A.20.021(1)(a), and finding McKague guilty of third degree theft (a gross misdemeanor) and second degree assault (a class B felony), the jury who sat in judgment of McKague clearly

State of Washington v. Ismael M. Tarango

434 P.3d 77 · Court of Appeals of Washington · Jan 31, 2019

A Terry investigative stop is a well- established exception. State v. Gatewood, 163 Wn.2d 534, 539, 182 P.3d 426 (2008). … immunity.

Caroline Feldmann v. Raymond & Gail Harvie

Court of Appeals of Washington · Nov 16, 2020

The statute specifically authorizes an award of attorney fees incurred in establishing the statutory immunity defense. … It does not authorize an award of attorney fees incurred in proceedings to collect a judgment long after the statutory immunity defense was established.

Refai v. Central Washington University

49 Wash. App. 1 · Court of Appeals of Washington · Aug 13, 1987

It is preferable to keep a qualified employee on than to train a new one. (Citations omitted.) Loudermill, 470 U.S. at 543-44 . … In conclusion, we are not persuaded the Board's findings of fact and conclusions of law are clearly erroneous, arbitrary, or capricious, or affected by other legal error.

Hollenback v. Shriners Hospitals for Children

149 Wash. App. 810 · Court of Appeals of Washington · Mar 17, 2009

Dudley, 140 Wn.2d 58, 77 , 993 P.2d 901 (2000), the Supreme Court held that a cause of action for wrongful discharge could be based on the clearly articulated public policy against sex discrimination found in the WLAD, chapter … 49.20 RCW, and RCW 49.60.010. ¶49 To qualify as a public policy for purposes of the wrongful discharge tort, a policy must be “truly public” and sufficiently clear.

Scott & Cathleen Brueske v. Chelan County

Court of Appeals of Washington · Jun 27, 2023

Chelan County use decision, the Brueskes must establish at least one of the six standards set forth in RCW 36.70C.130(1) has been met. … Chelan County Because the Brueskes have established at least one of the standards set forth in RCW 36.70C.130(1), they are entitled to relief.

In Re Carter

230 P.3d 181 · Court of Appeals of Washington · Mar 9, 2010

Carter contends that this change in the law applies retroactively to his case. ¶ 16 Deck applied clearly established law relevant to the guilt phase of a trial to the capital sentencing context. Lakin v. … Maybeck, 23 F.3d 888, 892-94 (4th Cir.1994) (holding that defendant was actually innocent of being career offender because his predicate offenses did not qualify him for that status).

State v. Israel

54 P.3d 1218 · Court of Appeals of Washington · Sep 9, 2002

Further, clothing destroyed during the commission of the crime is clearly within the scope of the restitution statute. … RCW 9A.56.200(1). [14] Israel argues that Dorman's testimony was insufficient to establish Israel's knowledge of robberies. Dorman did not clearly articulate how much he told Israel about the robberies.

State Of Washington, V. Darion A Lipsey

Court of Appeals of Washington · Aug 8, 2022

Clearly inadmissible evidence—clearly these rumors would be inadmissible evidence unless they meet the definition of some exception like other suspect or some other specific exception. … Lipsey has not clearly identified for this court what specific evidence was sought, much less that it met the applicable legal standards such that it was relevant.

Lorrie Wittig, V. Washington State Attorney General

Court of Appeals of Washington · Nov 18, 2025

This is connected to [Wittig’s] belief that God made her body a temple of the Holy Spirit and provided her with an immune system to protect and heal her body. … In fact, Wittig clearly alleges that her belief that taking a vaccine would be contrary to her religious beliefs is a conviction she had exercised throughout her life.

State v. King

113 Wash. App. 243 · Court of Appeals of Washington · Sep 9, 2002

Further, clothing destroyed during the commission of the crime is clearly within the scope of the restitution statute. … Israel argues that Dorman’s testimony was insufficient to establish Israel’s knowledge of robberies. Dorman did not clearly articulate how much he told Israel about the robberies.

Stephen Kerr Eugster, App/cross-res v. Washington State Bar Association, Res/cross-app

Court of Appeals of Washington · Jan 7, 2020

The WSBA argued that the decisions in Eugster’s prior cases were persuasive precedent and established numerous grounds for disposing of the claims asserted in Caruso. … A superior court abuses its discretion in denying fees when governing law clearly demonstrates the plaintiff’s claims were invalid. Kearney, 95 Wn. App. at 416.

Regan v. State Dept. of Licensing

121 P.3d 731 · Court of Appeals of Washington · Oct 25, 2005

bail bond profession clearly encompasses Patterson's actions here. … Former RCW 18.185.170(5) provided: [T]he owner or qualified agent of a bail bond agency is guilty of a gross misdemeanor if he or she employs any person to perform the duties of a bail bond agent without the employee having

In re the Welfare of: B.P.

Court of Appeals of Washington · Jun 4, 2015

The Department has established RCW 13.34.180( 1)(f) by clear cogent and convincing evidence. 39. [H.O.] clearly loves [B.P.] and wants to parent her. … If anything, DSHS established less cause to terminate H.O.'s parental rights than it established with regard to the mother in SJ. SJ.'

State v. Breitung

155 Wash. App. 606 · Court of Appeals of Washington · Apr 20, 2010

degree assault against a household member); see also RCW 9.41.040(2)(a)(i) (formerly RCW 9.41.040(l)(b)(i) (Laws of 1997, ch. 338, § 47 (effective July 1, 1997))) (fourth degree assault committed against a household member qualifies … Here the requirement of both oral and written notice of the firearm possession prohibition is clearly intended to impart actual notice of the illegality.

State v. Saunders

86 P.3d 232 · Court of Appeals of Washington · Mar 24, 2004

In Green , the State had to prove kidnapping, an uncharged offense, to establish an element of the charged crime of aggravated first degree murder. … And even if the form of the oath were defective, the trial judge would qualify as a de facto officer. See State v.