Case law

Eugster v. City of Spokane

110 Wash. App. 212 · Court of Appeals of Washington · Feb 5, 2002

Thus, a consensus on a position to be voted on at a later council meeting would qualify as a collective position and a “final action.” Id. at 330-31 . … Eugster may be viewed as having fostered OPMA principles through his actions, but this conclusion must be established after fact finding. If Mr.

Pellino v. Brink's, Inc.

164 Wash. App. 668 · Court of Appeals of Washington · Nov 7, 2011

The findings establish that Pellino could “establish liability by using representative evidence to prove a pattern or practice of violations by the defendant with respect to the class.” … The court interpreted the language used in WAC 296-126-092(4) to “ ‘clearly and unambiguously prohibit!

Martini v. Boeing Co.

88 Wash. App. 442 · Court of Appeals of Washington · Oct 13, 1997

Clearly, this is not a promotion or demotion case. Martini sought a move to another job to address his disability concerns. Moreover, Boeing does not argue that Martini failed to mitigate his damages. … Conn. 1988) (evidence of discriminatory acts before statute of limitations not admissible because they did not establish a continuous practice or policy of discrimination, and because such evidence would likely confuse the

State v. McPhee

230 P.3d 284 · Court of Appeals of Washington · May 11, 2010

The jury could have reasonably inferred that McPhee knew *295 the firearms were stolen when he possessed them on February 9. ¶ 40 The evidence clearly establishes the corpus delicti for the crime of possession of stolen firearms … It is longstanding and well-established that a property owner may testify as to the property's market value without being qualified as an expert in this regard. State v.

Eugster v. City of Spokane

39 P.3d 380 · Court of Appeals of Washington · Feb 5, 2002

Thus, a consensus on a position to be voted on at a later council meeting would qualify as a collective position and a "final action." Id. at 330-31, 979 P.2d 429 . … Eugster may be viewed as having fostered OPMA principles through his actions, but this conclusion must be established after fact-finding. If Mr.

Pellino v. Brink's Inc.

267 P.3d 383 · Court of Appeals of Washington · Nov 7, 2011

The findings establish that Pellino could "establish liability by using representative evidence to prove a pattern or practice of violations by the defendant with respect to the class." … The court interpreted the language used in WAC 296-126-092(4) to "clearly and unambiguously prohibit[] working employees for longer than three consecutive hours without a rest period." *396 Wingert, 146 Wash.2d at 848 , 50

Bruce M. Beatty v. Washington Fish & Wildlife Commission

Court of Appeals of Washington · Jan 15, 2015

"The pamphlet shall be written to clearly indicate the prospecting methods that require a permit under this chapter and prospecting methods that require compliance with the pamphlet." RCW 77.55.091(3). … Beatty neglected to address which of the qualifiers in RCW 34.05.010(16) apply to the WDFW's action in order to classify the internal mitigation policy as a rule.

State Of Washington v. William Carney

Court of Appeals of Washington · Dec 16, 2013

Cir. 1965), in concluding that "[i]t would clearly be unconstitutional to permit the conviction of a defendant who was legally insane at the time of the commission of the crime." Smith, 88 Wn.2d at 643. … Since Teague . . . , this court has consistently and repeatedly followed and applied the federal retroactivity analysis as established in Teague."

Triangle Property Development, Res. v. Byron L. Barton And Jean Barton, Apps.

Court of Appeals of Washington · Sep 28, 2015

The Bartons do not establish that the defects they allege can be raised in an unlawful detainer action to set aside a foreclosure sale. … Although some nonjudicial foreclosure sale defects can be raised for the first time in a postsale unlawful detainer action, the Bartons provide no authority that their alleged defects qualify.4 First, the purchaser

State Of Washington, V Leneyah N. Frost

Court of Appeals of Washington · Jan 7, 2025

excessive or clearly too lenient. … For robbery, the use of a weapon results in the offense qualifying as robbery in the first degree, not second degree; clearly, the legislature’s standard range sentence for robbery in the second degree contemplates the

Personal Restraint Petition Of Jamall Shonree Baker

Court of Appeals of Washington · Jul 10, 2023

Baker and this medical standard was clearly not met. The report further concluded that the prior experts who found Baker competent “did so without having had access to material medical facts about Mr. … Ward and Gustafson conducted their evaluations in a qualified manner when they were aware of but did not review the Providence medical records.

Wallace v. Lewis County

137 P.3d 101 · Court of Appeals of Washington · Aug 15, 2006

Gee Cee failed to establish an intentional continuing trespass; it also failed to show damages. A. … The public duty doctrine is an exception to Washington's waiver of sovereign immunity. Bodin v. City of Stanwood, 130 Wash.2d 726, 731 , 927 P.2d 240 (1996).

State Of Washington v. Anthony J. Smith

464 P.3d 554 · Court of Appeals of Washington · May 27, 2020

We do not address this issue. 11 No. 51946-1-II violating certain qualifying orders. 187 Wn.2d 85, 87, 384 P.3d 1140 (2016). … the circumstantial evidence of an overall criminal scheme and the defendants’ knowledge of it and their motive and intent to participate is highly probative and its probative value, in the Court’s view, clearly

Freedom Foundation v. Service Employees International Union Local 925

423 P.3d 849 · Court of Appeals of Washington · Jun 11, 2018

The party seeking to prevent disclosure bears the burden of establishing that an exemption applies. Id. … Second, it asserts that the UW e-mails qualify as public records, because the e-mails "clearly relate to the conduct of government and the performance of governmental and proprietary functions."

Sanders v. State

139 Wash. App. 200 · Court of Appeals of Washington · Jun 12, 2007

Thus, if the Act applies to Commission proceedings, clearly there are limits on the attorney general's duty to defend a judge charged with violating the judicial canons. ¶ 27 The Act's language encompasses Commission proceedings … Subsection 2 requires payment if the entity finds that the officer's actions qualify.

Alexander v. Department of Employment Security

38 Wash. App. 609 · Court of Appeals of Washington · Sep 5, 1984

Furthermore, they argue the record clearly demonstrates that DSHS's notices were not intended to usurp the civil service act by granting claimants additional rights and were sent simply to comply with former RCW 50.44.050 … App. 1982), the court concluded that a preschool "Head Start" program qualified as an "educational institution" despite the fact that elements of the program could not be considered academic.

In re the Termination of: J.E.L.D.

Court of Appeals of Washington · Feb 9, 2016

(d) Remain qualified for the registry. … The Washington Legislature, by RCW 13.34.105(2), deems a guardian ad litem an officer ofthe court entitled to immunity from civil liability . Kelleyv. Pierce County, 179 Wn.

Petters v. Williamson & Associates, Inc.

210 P.3d 1048 · Court of Appeals of Washington · Jul 6, 2009

It is well established, however, that "[a] plaintiff seeking to establish a trade secrets claim under the uniform act[ [5] ] has the burden of proving that legally protectable secrets exist." Boeing Co. v. … Rather, Williamson met its "burden of establishing ...

Johnson v. Recreational Equipment, Inc.

247 P.3d 18 · Court of Appeals of Washington · Feb 7, 2011

He also noted that the bicycle itself was "clearly a high mileage vehicle" that displayed "substantial wear and tear." CP at 176. … REI asserts that "there is no evidence in the record to establish that the fork at issue deviated from Aprebic's design standards." Br. of Pet'r at 34.

Haney v. Employment Security Department

96 Wash. App. 129 · Court of Appeals of Washington · Jun 14, 1999

The unusual nature of the grievance clearly identified that you posed a serious threat to the safety or health of other employees, and accordingly you were issued a final warning with emphasis on termination should any further … Ed. 2d 553 (1979) (plurality opinion) (suggesting that if a state employment agency applied NLRA principles to decide if a claimant qualifies for state unemployment benefits, the agency would be impermissibly infringing on