Case law

Multicare Health System v. Department of Social & Health Services

173 Wash. App. 289 · Court of Appeals of Washington · Jan 29, 2013

One Medicaid program is the MN program for low-income families. ¶4 To qualify for the MN program, a family’s income has to be less than a certain amount established by regulations (called the “medically needy income level … And the federal regulations clearly contemplate that the Department can adjust the Hospital’s charges based on the spenddown, providing that “States must reduce the amount of provider charges that would otherwise be reimbursable

Webb v. Neuroeducation Inc., PC

88 P.3d 417 · Court of Appeals of Washington · Apr 22, 2004

Webb used the term "believe" multiple times, to guess at things he clearly could not know. For example, Mr. Webb related he believed Ms. Ellis gave misinformation to Dr. … Chupurdia appropriately did not assert a statutory immunity defense.

Adult Entertainment Center, Inc. v. Pierce County

57 Wash. App. 435 · Court of Appeals of Washington · Mar 29, 1990

It clearly constitutes a fundamental purpose. The ordinance is also designed to deal with the problems identified. We agree with the court in Wall Distribs., Inc. v. … The support for this proposition is well established by a long line of cases in which the Supreme Court has held that corporations cannot claim the protection of the privileges and immunities clause of the Fourteenth Amendment

Rodeen v. Department of Employment Security

47 Wash. App. 60 · Court of Appeals of Washington · Feb 10, 1987

The issue on appeal is whether Rodeen quit her job for "good cause" so as to qualify her for unemployment compensation benefits under RCW 50.20.050. … In keeping with this policy, a claimant who becomes voluntarily unemployed must establish "good cause" by demonstrating that (1) the claimant left work primarily because of a work-connected factor of such a compelling nature

State v. Modest

88 Wash. App. 239 · Court of Appeals of Washington · Oct 7, 1997

The determination of who qualifies as a guardian depends on the facts and circumstances of each case. Wood, 52 Wn. App. at 163 . … Clearly a telephone bill is not an assertive statement and is not excludable as hearsay.

Peterson v. Littlejohn

56 Wash. App. 1 · Court of Appeals of Washington · Nov 13, 1989

Seattle, 99 Wn.2d 582, 593-94 , 664 P.2d 492 (1983), the court held: The method of determining probable cause or the lack thereof is set out in Peasley , at pages 499-500, as follows: If it clearly appears that the defendant … In Washington sovereign immunity has been abolished and immunity from tort liability for acts taken during criminal investigations has been limited to policy level or "discretionary acts".

Home Depot USA v. STATE, DEPT. OF REVENUE

215 P.3d 222 · Court of Appeals of Washington · Aug 25, 2009

Home Depot contracted with a financing company to establish the private label credit card. … If it is a tax preference, we must read any statute establishing the preference no more broadly than necessary to fulfill its legislative purpose.

Witt v. Young

168 Wash. App. 211 · Court of Appeals of Washington · May 8, 2012

Accordingly, although Barto suggests that the term “claim” should be interpreted liberally, it does not establish that Witt’s action qualifies as “a claim against the decedent.” ¶17 The Estate also asserts that case law establishes … But strict construction of the nonclaim statute does not establish that Witt’s claim qualifies as a “claim against the decedent.”

Washington Utilities & Transportation Commission v. United Cartage, Inc.

28 Wash. App. 90 · Court of Appeals of Washington · Jan 5, 1981

Once the Commission establishes a commercial zone, the statute requires it to grant certain "grandfather rights" to common carriers already providing intercity service within the zone. … Finally, even if we reach the factual issue of the contiguity of Bellevue and Seattle under RCW 35.21.160, the Commission's decision was not clearly erroneous.

Dependency of QLM v. DSHS

20 P.3d 465 · Court of Appeals of Washington · Mar 28, 2001

The Legislature clearly could have applied the statute only to the JRA if that was what it meant, and we cannot ignore the language of the statutory definition. … use immunity over the objection of the prosecutor.

Davies v. Holy Family Hosp.

183 P.3d 283 · Court of Appeals of Washington · May 13, 2008

Davies fails to establish that the radiologist is qualified to render an opinion and Mr. *286 Davies does not allege specific facts to establish a cause of action. … Davies to produce an affidavit from a qualified expert medical witness alleging specific facts that establish a cause of action. See Guile, 70 Wash.App. at 25 , 851 P.2d 689 . ¶ 24 In response, Mr.

Mahaney v. Mahaney

105 Wash. App. 391 · Court of Appeals of Washington · Mar 23, 2001

App. 673 , 710 P.2d 793 (1985) (expert witness not acquainted with Indian customs nevertheless qualified to testify as to risk of serious emotional harm because cultural bias clearly not implicated and no dispute as to mother … Here, however, the record clearly shows that Johnston does not currently abuse substances, has been sober for many years, has established a stable home, and has complied with all court-ordered requirements for reunification

Carlyle v. Safeway Stores, Inc.

78 Wash. App. 272 · Court of Appeals of Washington · Jun 27, 1995

Carlyle’s interpretation, all complaints arising out of slip and fall accidents in self-service establishments would be immune from summary judgment. … That is clearly contrary to the narrow interpretation adopted by the Supreme Court in Pimentel, Wiltse and Ingersoll.

Standard Pressed Steel Co. v. Department of Revenue

10 Wash. App. 45 · Court of Appeals of Washington · Dec 3, 1973

Here the record clearly discloses that Standard Pressed Steel Company employed Mr. … The court noted that the taxpayer had not established that such services as were rendered by the Chicago office were not decisive factors in holding that market.

Hanks v. Grace

167 Wash. App. 542 · Court of Appeals of Washington · Apr 2, 2012

According to Hanks, Grace told her that the Grimeses were “financially well qualified.” Hanks also said that Grace did not indicate to her that their offer was contingent upon the sale of their home. … A real estate agent, who regularly deals with and is familiar with the standardized forms used in residential real estate transactions, clearly has a superior bargaining power over a typical seller, who lacks sophistication

State v. Calvert

79 Wash. App. 569 · Court of Appeals of Washington · Oct 24, 1995

Moulton, establish he was not competent to understand his constitutional rights or to voluntarily waive those rights. … A sentence is deemed clearly too lenient only if the sentencing court abused its discretion in establishing the precise length of the sentence. Alexander, 125 Wn.2d at 731 .

Mark v. King Broadcasting Co.

27 Wash. App. 344 · Court of Appeals of Washington · Sep 29, 1980

We find a qualified privilege, 2 holding that a plaintiff seeking to overcome the qualified privilege given the news media to publish or broadcast an allegedly false and defamatory report of the fact and substance of official … The qualified privilege was not overcome.

Belo Management Services, Inc. v. Click! Network

Court of Appeals of Washington · Nov 25, 2014

Tacoma News further contends, and the .broadcasters' conclusory statements are insufficient to establish, that the pricing information is novel. … Public Interest Tacoma News asserts that the broadcasters failed to demonstrate that disclosure would clearly not be in the public' s interest. We agree.

Deaconess Medical Center v. Department of Revenue

58 Wash. App. 783 · Court of Appeals of Washington · Aug 14, 1990

We hold that heart-lung machines simply do not qualify for exemption under the statute. … Therefore, laboratory reagents do not qualify for the prescription drug exemption.

State v. Cunningham

23 Wash. App. 826 · Court of Appeals of Washington · Jul 26, 1979

State, supra, and established the general rule that transcripts may be admitted at trial or used as illustrative evidence, those cases are clearly distinguishable from the case at bench. … An accused's confession has a limited role in establishing the corpus delicti.