Case law

Ocean Beauty Seafoods LLC v. Captain Alaska

District Court, W.D. Washington · Oct 28, 2022

including the other party’s attorney, consultant, surety, indemnitor, insurer, or agent). 16 To qualify … Nor has Hogan established that his 17 friends’ communications were made as his “representatives” within the meaning of Rule 18 26(b)(3)(A), and those communications are not immune from discovery under the work 19 product

State v. Meredith

259 P.3d 324 · Court of Appeals of Washington · Aug 9, 2011

A single invidiously discriminatory governmental act' is not `immunized by the absence of such discrimination in the making of other comparable decisions.'" … Dretke, 545 U.S. 231, 236 , 125 S.Ct. 2317 , 162 L.Ed.2d 196 (2005). ¶ 56 Under these rules, the trial court's ruling here is clearly erroneous.

McGee Guest Home v. Department of Social and Health Services

12 P.3d 144 · Washington Supreme Court · Nov 9, 2000

FACTS The plaintiffs in this action are among the larger (16 beds or more) CCFs that provided residential services to Medicaid-qualified mentally ill people. … Moreover, the Legislature clearly directed that the 1994 amendments apply to the establishment of rates such as those paid to the CCFs in this case.

Alexander v. Highfill

18 Wash. 2d 733 · Washington Supreme Court · Jul 30, 1943

She qualified as such and notice to creditors was duly published, commencing December 18, 1941. … It must be presumed that the Legislature intended to depart' from the old law, which, in this instance, clearly and plainly required the election of aldermen by the qualified voters in their respective wards.

Collett v. Hanson

District Court, W.D. Washington · Aug 9, 2024

Qualified Immunity 17 County Defendants assert they are entitled to qualified immunity. … It does not appear the HDS Defendants have joined in the qualified immunity argument.

Singleton v. Naegeli Reporting Corp.

142 Wash. App. 598 · Court of Appeals of Washington · Jan 15, 2008

It establishes requirements for certification, identifies unprofessional conduct, and provides sanctions for misconduct. … But because the terms of the agreement in the case did not allow disbursal of the earnest money and there was no dispute as to which party was entitled to the funds, the agency that released the funds was not immune from

State v. Guthrie

185 Wash. 464 · Washington Supreme Court · Mar 24, 1936

Further, the act of 1893 expressly authorizes the appointment of any qualified attorney resident of the state in eases where there is no qualified person resident of the county who will consent to act, and such condition … necessary to establish the essential elements of the charge which is being *482 prosecuted.

State v. Temple

5 Wash. App. 1 · Court of Appeals of Washington · May 17, 1971

No constitu *4 tional or statutory immunity of the witness is at stake. What is at stake is the defendant’s constitutional right to confront the witnesses against him. In Pointer v. Texas, 380 U. … Clearly the judge’s admonition was intended to insure that the boy understood questions put to him before he answered them. This was a proper exercise of judicial responsibility to insure a fair trial.

In re the Detention of Leck

180 Wash. App. 492 · Court of Appeals of Washington · Mar 4, 2014

App. at 74 . ¶36 The trial court must determine whether an individual is incarcerated for an act that qualifies as a recent overt act. Marshall, 156 Wn.2d at 158 . … The court’s role under the factual inquiry prong is not that of a fact finder; the court need only review facts already established, including those established in the record of the conviction resulting in incarceration.

In re Citizen Complaint by Stout v. Felix

493 P.3d 1170 · Washington Supreme Court · Aug 26, 2021

Walker, The New Qualified Immunity, 89 S. CAL. L. REV. 1, 12 (2015)), cert. denied, 141 S. Ct. 110 (2020). … Felix, No. 98613-4 (Yu, J., concurring in result) right exists before examining whether it was clearly established” in the context of a qualified immunity analysis. Camreta v. Greene, 563 U.S. 692, 706, 131 S.

Tlc v. Employment Security Dept.

205 P.3d 924 · Court of Appeals of Washington · Apr 13, 2009

To qualify as an "employer" an entity must have persons in "employment." RCW 50.04.080. … Once it is established that an entity has persons in employment, then the entity qualifies as an employer and it will be liable for contributions unless it can prove that an exemption applies.

Imaging Services v. State Dept. of Revenue

252 P.3d 885 · Washington Supreme Court · May 19, 2011

Washington Imaging's payments to Overlake do not qualify for pass-through treatment because Washington Imaging does not make the payments on behalf of the patients as their agent. … The Court of Appeals said that the findings were "clearly supported by the stipulated facts." Id. at 45 , 947 P.2d 784 .

State v. Levy

132 P.3d 1076 · Washington Supreme Court · Apr 13, 2006

Has Levy established a manifest constitutional error? ¶ 13 Levy did not assert that the error was a manifest constitutional error in his petition for review. … The question of whether it was a school was also a threshold issue that had to be established for there to be any crime at all. Id.

Samson v. City of Bainbridge Island

683 F. Supp. 2d 1164 · District Court, W.D. Washington · Jan 27, 2010

It is interesting to note that if this suit had been brought against individual city officers, they might well be entitled to qualified immunity, but municipalities do not enjoy qualified immunity from suit under § 1983. … “To establish a violation of substantive due process, Plaintiffs must prove that the govern- *1178 merit’s action was clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals

Baker v. Lake City Sewer District

30 Wash. 2d 510 · Washington Supreme Court · Apr 9, 1948

Thereupon, the county commissioners adopted a third resolution, No. 10262, declaring the sewer district duly created and established and its commissioners duly elected. … Clearly, the county commissioners intended to pass favorably on the county health officer’s recommendation.

Wings of World, Inc. v. Small Claims Court

97 Wash. App. 803 · Court of Appeals of Washington · Nov 1, 1999

Raising similar arguments, Wings contends that the appeals bond and other filing fee requirements affect its rights under the privileges and immunities clause of our state constitution. … court expressly rejected the argument that the Legislature’s authority to set forth the qualifications for judges in the inferior courts is constitutionally limited, stating, “Under our state constitution, the people have clearly

State v. Levy

156 Wash. 2d 709 · Washington Supreme Court · Apr 13, 2006

Has Levy established a manifest constitutional error? ¶13 Levy did not assert that the error was a manifest constitutional error in his petition for review. … The question of whether it was a school was also a threshold issue that had to be established for there to be any crime at all. Id.

Snohomish County Fire Protection District No. 1 v. Washington State Boundary Review Board

121 Wash. App. 73 · Court of Appeals of Washington · Apr 5, 2004

The property owner petition method of annexation has been held not to violate the privileges and immunities clause of the Washington Constitution in Grant County Fire Protection District No. 5 v. … Regardless of whether the City takes further action to accept the petition, at that stage there has clearly been a “proposed action.”

Puget Sound Rendering, Inc. v. Puget Sound By-Products

26 Wash. App. 724 · Court of Appeals of Washington · Jul 10, 1980

These factors include: (1) whether the trade name was vaguely descriptive or clearly nondescriptive, i.e., the "appropriability" of the name; (2) the originality of the name; (3) whether or not the defendant acted in good … The trial court allowed use of the name when qualified with additional words of a personal or geographic nature, and the defendant complied by changing its name to "Al's Family Mark-It." .

Kane v. Strange

District Court, E.D. Washington · Mar 17, 2025

Defendants contend they are entitled to qualified 13 immunity as Mr. … Kane has not demonstrated they violated a clearly established 14 right. 15 Qualified immunity shields correctional officers “from money damages