Case law

Guarino v. Interactive Objects, Inc.

86 P.3d 1175 · Court of Appeals of Washington · Mar 22, 2004

The respondents are clearly insiders subject to this duty. The respondents contend that even if a duty to disclose exists in general, no such duty should be found in this case. … The record establishes a finding that Wollach knew of IObjects' merger negotiations with Avatar.

State Of Washington v. Joseph William Davenport

Court of Appeals of Washington · Sep 4, 2018

Practical experience is sufficient to qualify a witness as an expert. Id. at 765. … Based on his practical experience, Garske was qualified to testify as an expert on the relationship between prostitutes and pimps.

Laurie Jean Gudnason, V. Helgi Gudnason

Court of Appeals of Washington · Oct 16, 2023

A The superior court concluded the 2011 QDRO did not reflect the parties’ intent as established in the separation contract. … The DRO is that instrument, and it clearly states that Lauri should be treated as the surviving spouse of his death benefits. Our analysis should end there.

State v. Curtiss

161 Wash. App. 673 · Court of Appeals of Washington · May 6, 2011

The jury was not required to *695 accept Curtiss’s and Notaro’s testimonies as truthful, and it clearly did not do so. ¶40 Nor does Curtiss’s lack of credibility defeat the evidence of Curtiss’s guilt. … Curtiss’s prosecutorial misconduct claims fail. ¶50 To establish prosecutorial misconduct, the defendant bears the burden of establishing that the conduct complained of was both improper and prejudicial. State v.

Guarino v. Interactive Objects, Inc.

122 Wash. App. 95 · Court of Appeals of Washington · Mar 22, 2004

The record establishes the appellants are entitled to judgment on those claims. … The record establishes a finding that Wollach knew of IObjects’ merger negotiations with Avatar.

State of Washington v. Derek Paul Riley

Court of Appeals of Washington · Mar 17, 2026

And that shiny object that they dangle over there is what defense counsel would qualify as reasonable doubt. RP at 877. Riley did not object to these statements. … Here, the reporting condition does not clearly distinguish between obligations imposed on the treatment provider and obligations imposed on Riley.

Building Industry Ass'n v. McCarthy

152 Wash. App. 720 · Court of Appeals of Washington · Oct 13, 2009

In rendering its decision on BIAW’s motion for reconsideration and clarifying its eairlier ruling, the trial court correctly noted that both retention policies provided that informational copies qualified as administrative … This is a long established practice of Washington courts to which we adhere. See, e.g., Walker v. Wiley, 177 Wash. 483, 491 , 32 P.2d 1062 (1934); Gonzalez, 110 Wn.2d at 752 n.2 (citing cases); Port of Seattle v.

King County v. Sheehan

114 Wash. App. 325 · Court of Appeals of Washington · Nov 12, 2002

We sympathize with these concerns; indeed, we empathize with them, for judges are not immune from threats by angry litigants. … Under Washington’s act, both a privacy interest and a lack of legitimate public interest must be present to establish this exemption. Dawson, 120 Wn.2d at 798 .

BUILDING INDUSTRY ASS'N v. McCarthy

218 P.3d 196 · Court of Appeals of Washington · Oct 13, 2009

In rendering its decision on BIAW's motion for reconsideration and clarifying its earlier ruling, the trial court correctly noted that both retention policies provided that informational copies qualified as administrative … This is a long established practice of Washington courts to which we adhere. See e.g. Walker v.

State Of Washington v. Jerry Allen Anderson

Court of Appeals of Washington · Apr 23, 2013

resentencing unless the record clearly indicates that the sentencing court would have imposed the same sentence anyway. … Therefore, the State failed to provide reliable evidence establishing the accuracy of Anderson's offender score.

John E. And Ellen Petersen, V Baseline Engineering Inc

Court of Appeals of Washington · Sep 4, 2013

Again, these 12 No. 43001 1 II - - two responsibilities were clearly outside the scope of Baseline's contractual duties: The contract expressly provided … The Petersens fail to establish a question of fact about whether Baseline's actions caused any of these extra engineering costs.

King County v. Sheehan

57 P.3d 307 · Court of Appeals of Washington · Nov 12, 2002

We sympathize with these concerns; indeed, we empathize with them, for judges are not immune from threats by angry litigants. … Under Washington's Act, both a privacy interest and a lack of legitimate public interest must be present to establish this exemption. Dawson, 120 Wash.2d at 798 , 845 P.2d 995 .

Exxonmobil Oil Corp, V. Wayne Wright

Court of Appeals of Washington · Dec 13, 2021

Raterman clearly explained the factual basis for her opinion, which was grounded in accepted research in the field of industrial hygiene. … Of key importance is the low threshold established by GR 37 that an objective observer could view race or ethnicity as a factor. GR 37(e).

In the Matter of the Marriage of: Robert J. Walden & Lyndsey M. Walden

Court of Appeals of Washington · Sep 24, 2024

Walden has not taken clearly inconsistent positions. Throughout these proceedings, Mr. … Walden’s move from Spokane to Idaho qualified as a change of circumstances that was “unknown to the court at the time of ” the original plan. RCW 26.09.260(1).

Jessica Simpson v. Linda Gipson

Court of Appeals of Washington · Jan 17, 2017

"Only one of the qualifying grounds is needed for denial." Gross v. Sunding, 139 Wn. App. 54, 68, 161 P.3d 380 (2007) (citing Pelton v. Tri-State Mem'l Hosp., 66 Wn. App. 350, 356, 831 P.2d 1147 (1992)). … Here, however, the record clearly showed that Simpson failed to meet the requirements of CR 56(f), and the trial court did not abuse its discretion.

Wa Federation Of State Employees, Resps V. Freedom Foundation, App

Court of Appeals of Washington · Jun 13, 2022

“Individuals have a clearly established right under the substantive component of the Due Process Clause to personal security and to bodily integrity, and this right is fundamental where the … And the Unions offered the evidence to establish the fact that disclosure would jeopardize the public employees’ safety, not to establish the Unions’ motivation for seeking an injunction.

Tri-City Railroad Company v. State of WA Utilities and Transportation

194 Wash. App. 642 · Court of Appeals of Washington · Jun 16, 2016

REM. 1915 CODE§ 8733-3 9 A third case, cited in Tri-City's reply brief, is clearly inapposite. … Attorney fees Tri-City requests an award of costs and fees under RAP 18.1 and under RCW 4.84.350, which provides for an award of fees and expenses when a qualified party prevails in a judicial review

State of Washington v. Rodolfo Ramirez Tinajero

Court of Appeals of Washington · Jun 13, 2013

Tinajero further, however, because the decision not to object and instead to cross-examine extensively could so clearly have been tactical. B. Dr. … S.] is not a party and no hearsay exception qualifies her statements as evidence." Br. of Appellant at 47.

Maria Molina v. Dep't of Labor & Industries

Court of Appeals of Washington · May 29, 2025

Molina’s preexisting arthritis symptoms, testifying, “She clearly had arthritis before that that would have been amenable to a knee replacement, but this aggravated those symptoms.” CP at 141. Dr. … Molina would have qualified for a total knee replacement in 2012 were it not for her young age. However, Dr. Fitzgerald opined that the workplace injury aggravated Ms.

Steven Pohl v. Dennis Mark

Court of Appeals of Washington · May 14, 2024

The property 4 No. 58054-3-II itself does not qualify as a dwelling unit because it is not a “structure.” … Because Pohl is not the prevailing party on appeal and Mark’s appeal clearly is not frivolous, Pohl is not entitled to an award of attorney fees on appeal. Mark requests attorney fees under two RLTA provisions.