Case law

State v. McDonald

89 Wash. 2d 256 · Washington Supreme Court · Nov 17, 1977

It was clearly within the trial court's discretion to admit the testimony of Mr. Mitchell and Dr. McCoy. … Those who are commonly regarded as "odd" or "unsound" *273 or even "deranged" would not normally qualify.

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

Clark v. United States

660 F. Supp. 1164 · District Court, W.D. Washington · Apr 20, 1987

Among the reservations of sovereign immunity found in the FTCA is the discretionary function exception, 28 U.S.C. § 2680 (a), which provides that the waiver of sovereign immunity does not encompass claims based upon a federal … This is not a waiver of sovereign immunity; it is a limited waiver of sovereign immunity.

State v. Edmondson

43 Wash. App. 443 · Court of Appeals of Washington · Apr 14, 1986

Third, corroborating circumstances clearly indicate the trustworthiness of the statements. Briefly, the record shows overwhelming evidence that Manthie killed Edmondson. … Ct. 1930 (1970) (reliability of absent declarant's testimony was established by cross examination at preliminary hearing); Ohio v.

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.

Corbis Corp. v. Amazon. Com, Inc.

351 F. Supp. 2d 1090 · District Court, W.D. Washington · Dec 21, 2004

Amazon has established a designated agent responsible for receiving claims of infringement of intellectual property rights. See id. at ¶ 24 . … Absent evidence of its own efforts to notify a service provider, a copyright owner could establish apparent knowledge if she could show that an online location at which her copyrighted material was available was clearly a

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.

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.

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

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

Thomas v. French

30 Wash. App. 811 · Court of Appeals of Washington · Dec 29, 1981

The facts clearly established that the case was within the *816 sphere of trade or commerce, as the contract between the parties was a nonexempt private contract for sale of goods or services. See Salois v. … The rule is now firmly established that once the fact of damage is established, the precise amount need not be shown with mathematical certainty.

State v. Mark

23 Wash. App. 392 · Court of Appeals of Washington · Jun 28, 1979

WAC 360-16-260(2) does not purport to constrict the scope of the statute by equating confidentiality with immunity from judicial inquiry or process. … App. 39 , 596 P.2d 1050 (1979) is clearly distinguishable. Affirmed. Farris and Dore, JJ., concur. Reconsideration denied July 2, 1979.

State ex rel. Calderwood v. Schomber

23 Wash. 573 · Washington Supreme Court · Dec 17, 1900

These sections, from the context, clearly refer to civil actions. … It seems to us, the effect of the act in question is to grant just such prohibited immunities, if the construction contended for by respondent is correct.

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 .

Moore v. Call

109 Wash. 2d 954 · Washington Supreme Court · Feb 4, 1988

To be legally sufficient, the petition must state with specificity substantial conduct clearly amounting to misfeasance, malfeasance or violation of the oath of office. Chandler, at 274. … Despite the unrestricted language of these provisions, the majority creates a new exception immunizing legislators from recall when their misconduct consists of words spoken in debate.

National Bank of Commerce v. Reinhardt

34 Wash. 2d 319 · Washington Supreme Court · Jul 29, 1949

The rule expressed in the foregoing paragraph is, however, significantly qualified by the clause “which is not clearly intended as a mark of personal regard only.” … In such a situation, the concluding clause is mere surplusage, and cannot be given the effect of qualifying the unequivocal opening language.

Tyee Construction Co. v. Dulien Steel Products, Inc.

62 Wash. 2d 106 · Washington Supreme Court · May 9, 1963

Neff, supra, went on to establish that a judgment is not entitled to full faith and credit unless it satisfies the requirements of due process. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.

Tucson v. City of Seattle

District Court, W.D. Washington · Jun 23, 2023

Defendants provide no argument to support this assertion, suggesting instead 5 in a footnote that they may be entitled to qualified immunity. (Id. n.10.) … The Court therefore DENIES the Motion as 3 to this claim without rendering any decision on qualified immunity.